Also known as:adverse possession approaches · adverse possession
Written by attorneys · grounded in primary & secondary sources — see below
A traditional method for determining when the statute of limitations begins to run against the owner of a chattel. The period commences when the adverse possessor takes possession of the chattel, and the claimant must satisfy the standard elements of adverse possession.
Sources & Authorities
How it applies
Common Examples
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Tacking Successive Possessors of Artwork
Anika Anand inherited a painting from her uncle and displayed it openly in her gallery for fifteen years under a good-faith belief it was hers due to a family mix-up over ownership documents. Her predecessor had possessed the same painting for ten years under the same mistaken belief. When the true owner discovered the location and sued for replevin, the court applied the adverse possession approach and allowed tacking of the periods because both possessors acted under a claim of right consistent with the nature of the chattel.
Operation of Law Transfer of Stolen Sculpture
Andre Antoine purchased a bronze sculpture at auction and kept it in his private collection for the full statutory period while treating it as his own exclusive property. The original owner had never recorded any claim after the initial theft. Under the adverse possession approach the court held that title passed by operation of law once the elements were met, without any deed or probate proceeding required.
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Cases
Statutes
Common Law
Restatements
Casebooks
Open Possession of Missing Paintings
Ava Adebayo acquired three small paintings from a gallery and exhibited them publicly for the statutory period. The original artist later located the works and sought their return. Applying the adverse possession approach the court measured the limitations period from the moment of possession and required proof that the possession was open and notorious from the outset.
O’Keeffe v. Snyder416 A.2d 862
Continuous Use of Railroad Land Chattel
Antonio Alvarado maintained exclusive control over equipment stored on a disputed strip for the full limitations period under a claim of right. The record owner later challenged the possession. The adverse possession approach required the court to treat the equipment as a chattel and evaluate whether the possession satisfied the usual five elements throughout the period.
Marvin M. Brandt Revocable Trust, et al. v. United States134 S. Ct. 1257 (2014)
Hostile Claim to Antique Furniture
Ariana Azizi took possession of antique furniture after a boundary dispute and used it openly in her home for the statutory period. The prior owner sued to recover the items. Under the adverse possession approach the court examined whether the possession was hostile and continuous from the date the furniture was taken, without regard to later discovery of the true owner.
City of Norwood v. Horney853 N.E.2d 1115 (Ohio 2006)
Seasonal Display of Collectible Items
Austin Abbott kept a set of rare books on public shelves during the months his shop was open each year. Successive owners had done the same under a good-faith claim. The adverse possession approach permitted the court to find continuity satisfied because the seasonal use matched the nature of the chattel and allowed tacking across the chain of possessors.
Howard v. Kunto2 Wash. App. 348, 469 P.2d 990
Common questions
Frequently Asked
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How does the adverse possession approach differ from the discovery rule for chattels?+
The adverse possession approach starts the limitations period when the adverse possessor takes possession and requires the usual five elements of adverse possession. The discovery rule instead delays the start of the period until the true owner discovers or reasonably should discover the location of the chattel.
Supporting sources
Can tacking apply under the adverse possession approach for personal property?+
Yes. When successive possessors hold under a good-faith claim of right arising from the same mistaken belief, their periods may be tacked to satisfy the statutory requirement.
Supporting sources
Does the adverse possession approach require the possession to be exclusive for chattels?+
Yes. The claimant must maintain exclusive possession of the chattel during the statutory period, just as with real property adverse possession.
Supporting sources
416 A.2d 862Property
…were stolen from a New York art gallery in 1946. Snyder asserted he was a purchaser for value of the paintings, he had title by adverse possession, and O'Keeffe's action was barred by the expiration of the six-year period of limitations provided by N.J.S.A. 2A:14-1 pertaining to an action in replevin. Snyder impleaded third party…