Adverse Possession help

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RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Adverse Possession help

Postby RR320 » Fri Mar 02, 2012 4:47 pm

Can someone please help explain the answers to these questions for me, I would really appreciate it:

1. In 1994 A enters adversely upon Greenacre, owned by O. In 1995 O dies leaving a will that devises Greenacre to B for life, remainder to C. In 2010 B dies without ever having entered upon Greenacre. Who owns Greenacre?>

2. O, owner of Greenacre, dies in 95 leaving a will that devises Greenacre to B for life, remainder to C. In 1996 A enters adversely upon the land. In 2010 B dies. Who owns Greenacre?

And then I am having a hard time with disabilities.....

-An action to recover should be brought within 21 years after the cause thereof accrued, but may bring action within 10 years after such disability is removed:

O is the owner in 1984, and A enters adversely in May 1984. The age of majority is 18

1. O is insane in 1984. O dies insane and intestate in 2007

2. O's heir, B, is under no disability in 2007

3. O's heir, B, is six in 2007

4. O is 5 in 1984. In 1994 O becomes mentally ill, and O dies intestate in 2009. O's heir, B, is under no disability. Does the AP acquire title in 2005, 2007, or at some later date?

sillyboots
Posts: 62
Joined: Thu Jan 19, 2012 12:50 am

Re: Adverse Possession help

Postby sillyboots » Fri Mar 02, 2012 6:03 pm

I'll bite.

1. In 1994 A enters adversely upon Greenacre, owned by O. In 1995 O dies leaving a will that devises Greenacre to B for life, remainder to C. In 2010 B dies without ever having entered upon Greenacre. Who owns Greenacre?

I think the "trick" in this question is just the fact that when you acquire title by adverse possession, you get the same quality of title as the owner/possessor from whom you adverse possessed. Assuming the statute of limitations in the jurisdiction where this question takes place isn't one year or less (which would leave open the possibility that A gained title before O attempted to transfer it), then C would be the current owner of greenacre. Why? Because if it's over one year then A gained adverse possession during the time B was in possession, at the earliest. Since A gets the same quality of title as B when he adverse possess from B, then A would get the life estate (for the duration of *Bs* life, not his own) with the remainder to C. So whether A adverse possessed the property or not, once B dies it goes to C in either case.

2. O, owner of Greenacre, dies in 95 leaving a will that devises Greenacre to B for life, remainder to C. In 1996 A enters adversely upon the land. In 2010 B dies. Who owns Greenacre?

The answer would be the same. If he adverse possesses from B, he gets the same quality of title, meaning the property would still transfer to C when B dies, even if A successfully adverse possesses. My guess is that the only "curveball" in this question is that there's a longer period where A is apparently adverse possessing, meaning that he probably met the statute of limitations (10 years in most jurisdictions) in this hypo whereas he likely never even met it in the first.


In regard to disabilities, my property class never taught much about it. All we were told is that it tolls the statute of limitations, so I'll avoid speculating and let anyone else answer your questions regarding disability.

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jessuf
Posts: 12506
Joined: Tue Mar 22, 2011 8:27 pm

Re: Adverse Possession help

Postby jessuf » Sat Mar 03, 2012 1:52 pm

-An action to recover should be brought within 21 years after the cause thereof accrued, but may bring action within 10 years after such disability is removed:

O is the owner in 1984, and A enters adversely in May 1984. The age of majority is 18

1. O is insane in 1984. O dies insane and intestate in 2007

O's heirs own the estate in 2007. The disability (insanity) is removed when O dies. The heirs are granted 10 years from 2007. A will not gain title until 2017 if the heirs take no action.

2. O's heir, B, is under no disability in 2007

A owns the estate in 2007. 21 years expires in 2005. It sounds like O had an FSA, in which case A will have the FSA in 2005 if O takes no action prior to that.

3. O's heir, B, is six in 2007

Same result as above. Disability covers the original owner, not the heir. We don't care what disability the heir has. A takes ownership in 2005.

4. O is 5 in 1984. In 1994 O becomes mentally ill, and O dies intestate in 2009. O's heir, B, is under no disability. Does the AP acquire title in 2005, 2007, or at some later date?

O turns 18 in 1997. Disability rules grant an original owner either 21 years from the date of possession OR 10 years after removal of disability, whichever is greater. Here, 21 years from 1984 is 2005. 10 years from 1997 is 2007. A would not acquire title until 2007. The mental illness is not considered because the O did not have the disability at the time of possession.




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