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is it necessary for the same person

Posted on: 06th Dec, 2006 04:11 pm
is it necessary to have the adverse possession by the same person for the specified time period to have adverse possessory rights?
hi christus,

it is not necessary for the same person to adversely possess the property for the complete time period.

all other subsequent possessors of that property can add their time periods to equal the total required time period in their state; this is also known as tacking.

these periods may not be continued also and would be considered as long as privity exists between the possessors.

privity is such situation means that;
  • the same type of possession and/or use of the property by each predecessor as required by statutes.
  • there is no interruption of adverse possession between one of the possessors leaving and the other one entering the said property.
  • any transfer between the possessors is by an agreement, inheritance, by way of a gift or a will. use of a quit claim deed for such transfer is also acceptable.
do let us know if you have any other questions.

thanks
blue
Posted on: 06th Dec, 2006 04:31 pm
Hi Christus,

Let me provide you with an example to explain what Blue has said about tacking.

Suppose Harry had adverse possession of another person’s (Joseph) property for a time period of eleven years. After eleven years he sells his property to another person Henry (the property sold also includes the part adversely possessed by him). Henry now stays for another nine years on the property.

If in the state where he lives the time period for adverse possession is twenty years then Henry would be meeting the requirement by way of tacking.

Colin
Posted on: 06th Dec, 2006 04:49 pm
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