Adverse Possession
Rule
A possessor who satisfies all required elements for the statutory period automatically acquires title to land owned by another. The original owner’s ejectment action is barred by the statute of limitations, and the adverse possessor may bring a quiet title action to formalize the transfer.
Elements
- Open — possession gives notice to the true owner
- Notorious — the occupation is known in the community
- Continuous — same character of occupation as surrounding owners for the full statutory period (interruption by owner resets the clock)
- Exclusive — not sharing possession with the owner or other adverse possessors
- Actual — physical entry and possession (not by signs or constructive means alone)
- Hostile/Adverse — legal hostility to the owner’s rights (claim of right)
- Statutory period — varies: ~20 years (East Coast), 10 years (NY), 5–7 years (Western states)
Claim of Right Approaches
- Bad-faith (Maine) rule: possessor must have known it was someone else’s land and intended to claim it (minority)
- Connecticut/objective rule: motives are irrelevant; the nature of the act is itself an assertion of title (majority)
- Good-faith rule: possessor must have believed the land was their own
- NY statute: requires reasonable good faith that the land is yours (objective)
Color of Title
Not generally required, but where the possessor enters under a defective deed, the claim extends to all land described in the deed (not just the portion occupied), unless in NY where only actual occupation counts.
Tacking
- Against owner: time accrues cumulatively against successive owners
- Between possessors: subsequent possessors may tack prior possessor’s time only if in privity (e.g., colorable deed transfer)
Exceptions
- Cannot adversely possess against the government
- Cannot accrue against a life tenant beyond the life estate
- Cannot accrue against a lessee (only gets remedy of occupancy)
- NY: de minimis non-structural encroachments (e.g., driveways built an inch over) are permissive, not adverse
Defeating Adverse Possession
- Physically bar entry (breaks continuity)
- Filed lawsuit (ends accrual)
- Written objection received by possessor (breaks hostility)
- Lease to the adverse possessor (makes permissive)
- Call sheriff to forcibly remove (ends actual possession)
Policy
- Labor theory: rewards productive use over absentee ownership
- Certainty of title and reduction of stale claims
- Encourages inspection of land
- Punishment for “sleeping” owners
Key Cases
- Van Valkenburgh v. Lutz — failed AP claim; NY requirement of cultivation/improvement; voluntary disclaimer of title
- Manillo v. Gorski — rejects Maine bad-faith rule; adopts Connecticut doctrine; small encroachment may not be “open”