Civil Engineering Reference
In-Depth Information
Chapter 17
Unwritten Title
It is possible to own land even though there is no writing to evidence it. This is
called
Unwritten Title.
Unwritten title is an exception to the Statute of Frauds
which, as we have learned, requires that all conveyances of interests in real prop-
erty be in writing. Unwritten title takes precedence over written title. It can come
into being through adverse possession, prescription or by virtue of verbal bound-
ary agreements.
Although unwritten title takes precedence over written title, the claimant must
go to court to prove the title before it can be adjudicated. A lawsuit costs money,
takes time, and even where the claim has substantial merit a favorable outcome
is far from certain. So, from a practical point of view, even if the claimant has
acquired the property interest it may be of little economic value until a court has
issued an order or decree affirming the claimant's rights.
17.1 Adverse Possession
Adverse Possession is a species of unwritten title. It is taking property belonging
to another without their consent. The adverse possessor acquires title by occupy-
ing the land of another person. In order to prevail the occupation must be wrong-
ful. Each state has their own statutory or common law rules establishing the
requirements for adverse possession, but in most jurisdictions, the possession must
meet the following conditions. The possession must be:
1. Actual.
2. Open and notorious.
3. Hostile
4. Exclusive
5. Continuous
