Also known as: adverse possession · adverse possessor
Written by attorneys — see sources below.
A doctrine under which a person acquires title to land by possessing it in a manner that is actual, open and notorious, exclusive, hostile or under claim of right, and continuous for the statutory period. The doctrine operates as a transfer of title by operation of law without a deed from the record owner. It also determines the extent to which servitudes and covenants run to or against an adverse possessor.
Arthur Abrams occupies a strip of land belonging to Alpine Mining under a mistaken boundary for the statutory period and satisfies all elements of adverse possession. A recorded servitude obligating maintenance of a shared access road burdens the strip. The burden runs to Arthur even though he holds title only by adverse possession.
Audrey Ashton and her predecessor each used a disputed strip believing it belonged to their parcel because of an old survey error. Their combined periods of actual open exclusive hostile and continuous use exceed the statutory requirement. Title vests in Audrey by adverse possession.
Austin Abbott occupies land belonging to Argonaut Shipping for the full statutory period meeting every element of adverse possession. When the period expires title transfers to Austin without any deed from Argonaut Shipping and without probate proceedings.
Aisha Ahmed takes possession of benefited land under a mistaken deed and begins adverse possession but has not yet acquired title. An affirmative covenant requiring contribution to a shared driveway runs to her only to the extent permitted by the applicable servitude rule.
Alan Ackerman holds paintings taken decades earlier and displays them openly in his gallery. The original owner brings a replevin action after the statutory period has run. Title has vested in Alan by adverse possession barring the owner's claim.
Georgia O'Keeffe, a renowned artist, had three paintings stolen from An American Place gallery in New York in March 1946. The gallery was operated by her husband Alfred Stieglitz. The paintings subject to this action are "Seaweed" and "Cliffs," with a third painting "Fragments" also missing. O'Keeffe did not report the theft to the police or advertise the loss, though she discussed it with associates. Stieglitz died in the summer of 1946. In 1947 O'Keeffe retained Doris Bry to help settle the estate. Bry urged reporting the loss, but O'Keeffe declined. In 1972, O'Keeffe authorized Bry to report the theft to the Art Dealers Association of America, Inc., which maintains a registry of stolen paintings. In September 1975, O'Keeffe learned that the paintings were in the Andrew Crispo Gallery in New York on consignment from Bernard Danenberg Galleries. On February 11, 1976, O'Keeffe discovered that Ulrich A. Frank had sold the paintings to Barry Snyder for $35,000. She demanded their return, but Snyder refused. O'Keeffe filed her complaint for replevin in March 1976 against Snyder, who impleaded Frank as a third-party defendant. The trial court granted summary judgment to Snyder on the ground that the action was barred by the six-year statute of limitations. The Appellate Division reversed and entered judgment for O'Keeffe. The Supreme Court of New Jersey granted certification to consider the issues. Frank traces his possession of the paintings to his father, Dr. Frank, who died in 1968, claiming to have seen them in his father's apartment as early as 1941-1943. Snyder purchased the paintings from Frank in 1975. There are factual disputes regarding the circumstances of the paintings' disappearance and acquisition.
View caseAlexis Archer occupies a strip of land once part of a federal railroad right-of-way long after abandonment. She meets every element of adverse possession under state law. Title cannot pass because federal statute bars adverse possession claims against the United States.
In 1908 the Laramie, Hahn's Peak and Pacific Railroad obtained a 200-foot-wide right of way across public lands in Wyoming under the General Railroad Right-of-Way Act of 1875. The railroad completed construction of its line in 1911. The line later passed through several owners and was used primarily to transport timber and cattle. In 1976 the United States issued a land patent conveying an 83-acre parcel in Fox Park, Wyoming, to Melvin and Lulu Brandt. The patent conveyed to the Brandts fee simple title to the land "with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto said claimants, their successors and assigns, forever." The patent stated that the land was granted "subject to those rights for railroad purposes as have been granted to the Laramie[,] Hahn's Peak & Pacific Railway Company, its successors or assigns." The right of way crossed approximately ten acres of the patented parcel. In 1996 the Wyoming and Colorado Railroad notified the Surface Transportation Board of its intent to abandon the right of way. After removing the tracks and ties and obtaining Board approval, the railroad completed abandonment in 2004. In 2006 the United States filed suit seeking a judicial declaration of abandonment and an order quieting title to the right of way in the Government. The complaint named the owners of 31 parcels crossed by the abandoned right of way, including Marvin Brandt who held the Fox Park parcel through a family trust. Brandt contested the claim and filed a counterclaim asserting that the right of way was a mere easement extinguished by abandonment. The district court granted summary judgment to the United States. The Court of Appeals for the Tenth Circuit affirmed. The Supreme Court granted certiorari.
View caseThe possession must be actual open and notorious exclusive hostile or under claim of right and continuous for the statutory period. Seasonal use consistent with the property's nature satisfies continuity. Good-faith mistaken-boundary use permits tacking of successive periods.
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Yes. Adverse possession is a recognized method of transferring real property by operation of law. Title passes automatically once the statutory period is satisfied even though no deed is executed by the record owner.
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An appurtenant benefit or burden of a servitude generally runs to an adverse possessor of the benefited or burdened land. The benefit of an affirmative covenant however reaches an adverse possessor who has not yet acquired title only under the conditions stated in the applicable servitude section.
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No. Federal statute expressly bars suits against the United States based on adverse possession so title cannot be acquired against federal property by that method.
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…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…