😀
Real Property • Adverse Possession
PROP#152
Legal Definition
If an adverse possessor uses the land in a way that violates a covenant, they will take the land free and clear of the covenant in the true owner's deed. However, if the possessor's use is in compliance with the covenant, they take the land subject to the covenant.
Plain English Explanation
Not only can a successful adverse possessor legally take land from someone else, they can also strip the land from any legal baggage it may have had attached to it, like covenants — as long as they ignore the covenants. In other words, just as a true landowner has an obligation to enforce their ownership of land against a trespasser, so does a person who benefits from a covenant.
Related Concepts
How do adverse possession claims affect future interests?
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?
