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Real Property • Adverse Possession
PROP#151
Legal Definition
The statute of limitations does not run against the rights of a future interest until the interest becomes possessory.
Plain English Explanation
You can only adversely possess against the current estate interest. People who hold future interests do not yet have a right to kick you off the land, and thus you have no right to adversely possess against them yet.
Hypothetical
Hypo 1: Oz conveys Blackacre "to Amy for life, then to Carl." Blackacre is a large parcel of land. Amy decides she doesn't want it, so she never visits it. Bob trespasses on Blackacre and decides to build a house. Bob lives on Blackacre for 40 years, raises a family, and completely develops the parcel. Amy decides to visit Blackacre and discovers Bob's home. Amy knocks on the door and says, "Hey, this is my land." Bob says, "Nope, I've been here for 40 years!" Bob slams the door in Amy's face. Amy, heartbroken, immediately dies of shame. The next day, Carl knocks on Bob's door and tells him to pack up because Blackacre is now his. Result: Bob successfully acquired Blackacre through adverse possession during Amy's life estate, however, when Amy died, Blackacre transferred to Carl. Bob has not adversely possessed against Carl's interest, so Carl will be able to kick Bob out.
Related Concepts
How do adverse possession claims affect covenants?
How do adverse possession claims work against government property?
How does a land owner's disability affect an adverse possession claim?
In assessing a claim of adverse possession, how is the "actual and exclusive" requirement satisfied?
In assessing a claim of adverse possession, how is the "adverse or hostile" requirement satisfied?
In assessing a claim of adverse possession, how is the "continuous" requirement satisfied?
In assessing a claim of adverse possession, how is the "open and notorious" requirement satisfied?
What is required to successfully establish a claim of adverse possession?
