What is Adverse Possession?

• A statute of limitations that transfers ownership from title holder to property user after a certain period of time.
• Varies by jurisdiction - 21 years in PA
• Policy - Courts like to give property to people actually using it because it is a limited resource

     Claim of Right

     hostile

     Actual

Open & Notorious

     Continuous

     Exclusive

• Must act like owners of property
• If other elements found, these can be implicitly found
• Do not have to be aware that others hold title

hypo

A is adversely possessing B's land.  B sends a letter to A stating that B gives A permission to use land.  Is A still adversely possessing land after receiving the letter?

• If A accepts letter, No
• If A rejects letter, Yes
• If A accepts letter, then later rejects letter, Yes

• Must have actual possession/physical presence on land

• Must possess the land in such a way that a reasonable owner would have notice.

• Actual - title holder knows
• Constructive - title holder could/should have known
• Inquiry - there was enough evidence that a reasonable owner would have inquired

hypo

B discovers cave on B's property and starts giving tours.  B's neighbor, A, later discovers the cave runs under his land.  Did B satisfy the Open & Notorious requirement?

• Court said no
• But most think this case was wrongly decided, since there were clues that would lead a reasonable title holder to investigate (Inquiry Notice)

• The property must be used by the adverse possessor continuously for the time period required
• Any breaks lead to a time restart
• Rockerfeller Square yearly rope-off

Nome 2000 v. Fagerstrom

Property in question in Alaska and only used seasonally by the Adverse Possessors.  Is this continuous?

• An exception to the Continuous rule
• If there is privity between successive Adverse Possessors, the periods of possession can be added together to satisfy the time requirement

• No one else can be Adversely Possessing the same piece of property

• Document professing to grant occupant title to the property, but defective so occupant does not actually have ownership
• May reduce period of time needed for Adverse Possession

• Where an Adverse Possessor has Color of Title, but only possessing a portion of the land deeded, can get entire plot of land defined under Color of Title

• An inability to sue (ie minors)
• If the title holder is disabled, some jurisdictions will start running the time period once the disability is gone
• Trend against - disabled people generally have a person who can sue on their behalf

• Break in chain of title
• Owned in Fee Simple Absolute

• Generally, no
• Some statutory exceptions

• No
• Unconstitutional - government can only take lands via eminent domain