FeelTheHeat wrote:Can someone explain tolling in adverse possession to me? Say it is a 21 year SoL and 10 years for tolling. I don't understand why this is such a difficult concept for me. Ugh.
We never covered it but this definition seems good:
"An action to recover the title to or possession of real property shall be brought within twenty one years after the cause of action accrued, but if a person entitled to bring the action is, at the time the cause of action accrues, within the age of minority or of unsound mind (applies to soldiers overseas and prisoners too), the person, after the expiration of twenty one years from the time the cause of action accrues, may bring the action within ten years after the disability is removed."
So it seems like if someone adversely possesses a land for 21 years, typically they'd gain title. However, let's say the owner of the land is serving 30 years in prison, goes in to prison in 1980 and X adversely possesses the property in 1988. If the owner were not in prison, X would gain title in 2009; but since the owner could not actively exclude X from the property the S/L is tolled until he gets out. So once the owner gets out of prison in 2010, he has until 2020 to evict X from his land so that it's not claimed by adverse possession. Sound right?