Also known as: adverse possessor · adversely possess · adversely possessed
Written by attorneys · grounded in primary & secondary sources — see below
A method of acquiring title to real property by possession for a statutory period under certain conditions. The possession must be actual, open and notorious, exclusive, hostile or under claim of right, and continuous. Title passes by operation of law once the statutory period is satisfied.
Adrian Aguilar occupies a parcel under a mistaken boundary for the statutory period and satisfies all elements of adverse possession. A recorded servitude burdens the parcel. The servitude binds Adrian as the subsequent possessor once title vests.
Amber Alonzo and her predecessor each cultivated a strip of land for five years under a good-faith belief it belonged to their lot because of an erroneous survey stake. Their combined use meets the statutory period. Title vests in Amber by adverse possession.
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Alfred Ashford occupies land openly and continuously for the statutory period. Title passes to him without a deed once the limitations period expires. The transfer occurs by operation of law rather than by conveyance.
Amelia Amari holds land adversely but has not yet acquired title. An affirmative covenant benefits the parcel. The benefit does not run to Amelia until she satisfies the additional requirements of the applicable section.
Andre Antoine grazes cattle and maintains fences on a remote parcel each summer for the statutory period. The seasonal pattern matches the land's agricultural character. Title vests because the use meets the continuity element.
Angela Acosta erects a shed, plants crops, and excludes all others from a disputed strip for the full limitations period. No one else enters or uses the land. Title passes to Angela once the statutory period expires.
The possession must be actual, open and notorious, exclusive, hostile or under claim of right, and continuous for the statutory period. Tacking of successive periods is permitted when predecessors acted under a good-faith mistaken boundary belief. Seasonal use consistent with the property's nature satisfies continuity.
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Yes. Adverse possession is one recognized method by which real property transfers by operation of law. Title passes automatically once the statutory period is satisfied even though no deed from the record owner is executed.
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An appurtenant burden or benefit generally runs to an adverse possessor who acquires title. The benefit of an affirmative covenant runs to an adverse possessor who has not yet gained title only under the conditions specified in the applicable section.
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Yes. When each possessor uses the land under a good-faith belief it belongs to them because of a mistaken boundary, the periods may be tacked together. The resulting combined possession satisfies the continuity requirement.
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…A. 2d 268 (1963) (promoting settled expectations concerning property rights by requiring clear and convincing evidence to prove adverse possession). [^maj-17]: The majority's definition of the "status quo," of course, begs the question. Artificial delivery of nutrition and hydration represents the "status quo" only if the State has…