Adverse possession (bar) Forum

[delusional]

According to an old archived topic:

O, owner of Whiteacre, dies in 1991, leaving a will that devises whiteacre to B, remainder to C. In 1992 A enters land adversely.
In 2006, B dies, who owns land?

assume statute of limitations is 10 years to AP.

I believe that C owns it since his ability to possess the land started in 2006, so A needs to wait until 2016 to claim ownership over C.

or
does A own it in 2006, since C had legal rights to the land since 1991 and didn't do anything about it?

I think this is wrong. A will that devises property upon death does not transfer a future interest now. Since the land was adversely possessed before O died, he no longer owns the land, and the provision in his will would be adeemed.
Am I right, or is the old topic right?

Also, regarding adverse possession and future interests: According to my outline, if the future interest is created before the adverse possessor enters the land, the possession is not valid vis-a-vis the future interest. The outline is unclear about future interests granted after possession begins but before the statute of limitations. Am I correct in assuming that in that case the adverse possession would run against the future interest as well?

I know I'm in the weeds here, so just throwing it up for a change of pace.

[NonTradHealthLaw]

Assuming B has a life estate (because C has a remainder), by entering the land adversely after the bequest became effective, A only dispossesses the life estate. At the death of B in 2006, C become the lawful owner and A must undergo another 10 years to properly dispossess his interest.

So, adverse possession is only effective against present interests, not future interests, generally. Had A entered the land before O died, then his adverse possession period would toll against subsequent owners.

[delusional]

Assuming B has a life estate (because C has a remainder), by entering the land adversely after the bequest became effective, A only dispossesses the life estate. At the death of B in 2006, C become the lawful owner and A must undergo another 10 years to properly dispossess his interest.

So, adverse possession is only effective against present interests, not future interests, generally. Had A entered the land before O died, then his adverse possession period would toll against subsequent owners.

Oh, you're right. I got confused between O and B. Thanks!