Civil Engineering Reference
In-Depth Information
continuity of possession can be related to the type of use to which the land at issue
is commonly put. For example, if the land were only used on a seasonal basis, not
occupying the land during the season in which the land would not normally be
used may not be an impediment to meeting the continuity requirement.
Many jurisdictions allow
Tacking
. Tacking is being able to use the possession of a
predecessor in title in order to extend the possession of the current possessor. A usual
requirement of tacking is that the current possessor have
Privity
with the prior posses-
sor. Privity simply means that the present title owner can show an unbroken chain of
title to the prior owner. This is usually not a problem when the current possessor has
acquired title from the previous possessor. For example, A owns a parcel of land. A
erects a fence on his neighbor's property hoping to gain the property through adverse
possession. The statute of limitations in the jurisdiction is 20 years. After 15 years A
conveys the property to B. If B continues to occupy the property for another 5 years
he will have met the 20 year possession requirement. B is in privity with A because B
purchased the property from A, and both A and B are in the chain of title.
Tacking is being able to use the possession of a predecessor in title in order
to extend the possession of the current possessor.
Acquiring land through adverse possession seems like stealing the land from your
neighbor, doesn't it? Why does the law sanction stealing the land of another? One
justification is that owners are required to exercise diligence in keeping their prop-
erty. The system of law in our country is an adversarial system. If property own-
ers are content to “sit on their rights” for a long period of time and not exercise
their legal right to exclude an intruder, they deserve to lose those rights. Another
justification is that adverse possession has the effect of settling the location of
boundaries, particularly uncertain boundaries. If a property owner is unsure of the
location of their boundary they can occupy up to a line of their choice. If it is
later determined that the line so established is on the abutting property and the
abutter has taken no steps to oust the possessor, the line will have been estab-
lished through adverse possession. Of course, if the possessor were in a jurisdic-
tion where state of mind was a consideration, for the possessor to be successful he
must not have believed that the occupied line was the true boundary.
17.2 Practical Location
In cases where the property owners do not know the location of a boundary, one
or both of the abutters may determine a location without resorting to a writing. A
number of legal doctrines have developed to support these methods of boundary
