Print this page Adverse Possession
Thomas Strong, P.L.S.
Course Outline
This course covers
the commonly misunderstood concept of adverse possession. There is a detailed
overview of how land can be acquired by the doctrine of adverse possession,
including prescriptive easements.
This course includes
a multiple-choice quiz at the end, which is designed to enhance the understanding
of the course materials.
Learning Objective
At the conclusion of this course, the student will:
- Understand the importance of adverse possession;
- Be knowledgeable in the elements of adverse possession;
- Be familiar with statutory requirements of adverse possession;
- Understand the different types of possession;
- Learn how protect against adverse possession;
- Understand how to spot evidence of adverse possession;
- Learn what items Land Surveyors should look for when performing boundary surveys;
- Learn how prescriptive easements are created;
- Be familiar with unwritten conveyances;
- Understand the role of the surveyor in adverse possession claims;
- Gain an understanding of the complexities of adverse possession;
- Understand the concept of permissive use;
- Understand how unwritten conveyances are created;
- Be familiar with the Land Surveyors duty as it relates to adverse possession; and
- Gain an understanding
of tacking and how it relates to unwritten conveyances
Intended Audience
This course is intended for Land Surveyors.
Benefit
to Attendees
Attendee of this
course will become familiar with the concept of adverse possession and other
unwritten land conveyances. The attendee will also be able to advise his clients
regarding ways they can prevent adverse possession claims against them.
Course
Introduction
People have the right to keep unwanted intruders off their property. They do this all the time, sometimes with fences or with signs, sometimes just by asking trespassers to please stay away. In cases of serious, repeated annoyance or threatened harm, landowners can call the police. They will usually warn the person to stay away and, if necessary, make an arrest. Trespass is a minor criminal offense, and someone convicted of criminal trespass can be fined and jailed.
Another kind of trespass is more permanent: using another's property as an owner would use it. If someone drives across a neighbor's land every day, it is a trespass unless the owner has granted permission or the driver has a legal right, called an easement, to use that part of the neighbor's property The other neighbor who just put up a fence two feet over the boundary line is trespassing, as is the one whose garage has been in the wrong place on the neighbor's property for several years.
These trespassers can also be asked to leave or warned away. But there's a chance that any of them may in fact have a legal claim to the property.
Adverse possession
is a principle of real estate law whereby somebody who possesses the land of
another for an extended period of time may be able to claim legal title to that
land. A typical definition requires that the person claiming ownership through
adverse possession must show that its possession is actual, open, notorious,
exclusive, hostile, under cover of claim or right, and continuous and uninterrupted
for the statutory period. These terms have special legal meanings as legal "terms
of art", meaning that their definition for purposes of adverse possession
law may be different from a definition you would find in a standard dictionary.
Please note that adverse possession laws can vary significantly between jurisdictions.
Statute, and the law, definitions of terms now usually govern adverse possession,
and the applicable statute of limitations can vary significantly between jurisdictions.
Course
Content
Adverse
Possession (PDF
file 49 KB)
You
need to open or download the above document to study this course.
Course Summary
Land Surveyors often overlook the possibility of adverse possession in their daily work. This oversight can be a dangerous way to practice, since adverse possession may be in effect on any given boundary line at any time. The surveyor needs to be on guard if he is to protect himself from unnecessary liability with respect to unwritten title conveyances.
Quiz
Once you finish studying the above course content, you need to take a quiz to obtain the PDH credits.
DISCLAIMER: The materials contained in the online course are not intended as a representation or warranty on the part of PDH Center or any other person/organization named herein. The materials are for general information only. They are not a substitute for competent professional advice. Application of this information to a specific project should be reviewed by a registered architect and/or professional engineer/surveyor. Anyone making use of the information set forth herein does so at their own risk and assumes any and all resulting liability arising therefrom.
