Also known as: prescriptive possessions · adverse possession · prescription
Written by attorneys · grounded in primary & secondary sources — see below
Possession of real property that is actual, open and notorious, exclusive, hostile, and continuous for the statutory period. Such possession ripens into fee simple title by operation of law without a deed from the record owner.
Pierre Poulin grazed cattle on a neighbor's pasture every season for the full statutory period. The use continued without any break or permission from the owner. Because the possession satisfied the continuity requirement, Pierre acquired title by prescriptive possession.
Pedro Pacheco and his predecessor both used a disputed strip under a mistaken boundary belief. Their combined periods of actual, open, notorious, exclusive, and hostile use met the statutory length. The court recognized prescriptive possession and quieted title in Pedro.
Select any source to read its text and confirm it supports the definition.
Preston Pratt occupied land adversely for the required years. Title passed to him automatically upon completion of the period even though no deed was executed. The transfer occurred by operation of law under prescriptive possession rules.
Phuong Pham and her family members used a path across adjacent land openly and continuously. The prescriptive possession created an easement that accrued to all who held interests in the benefited parcel. The court confirmed the shared benefit.
Pamela Phillips crossed a strip of land daily for the prescriptive period under a claim of right. The use met the requirements for creation of a servitude by prescription. Title vested in her without any written grant.
Peter Park used a lakeside parcel only during summer months consistent with its recreational character. The seasonal pattern was uninterrupted for the statutory period. The court held that prescriptive possession had been established.
The possession must be actual, open and notorious, exclusive, hostile, and continuous for the statutory period. These elements mirror those required for adverse possession and allow title to pass by operation of law.
Yes. When successive possessors are in privity, such as through a mistaken boundary or inheritance, their periods may be tacked to satisfy the statutory requirement.
No. Title passes automatically by operation of law once the elements are met. A subsequent deed may be used only to perfect record title.
No. Use that is consistent with the nature and character of the property satisfies the continuity element even if it occurs only part of each year.
…the three patients died. Although the Court of Appeals considered the constitutionality of the statute "as applied to the prescription of life-ending medication for use by terminally ill, competent adult patients who wish to hasten their deaths," the court did not have before it any individual plaintiff seeking to hasten…