Tacking & Disability
In adverse possession, tacking allows one possessor to add their time of possession to another’s — but only if what legal relationship exists between them?
Privity (a voluntary transfer of possession, such as a sale, gift, or will).
O conveys “to A for life.”
What estate does A have, and what future interest does O have?
➡️ A has a life estate.
➡️ O has a reversion.
A conveys Blackacre “to B for life, then to C.” B openly occupies Blackacre for 10 years, treating it as her own. C has been out of the country for the entire period. If the statute of limitations for adverse possession is 10 years, can B acquire fee simple ownership through adverse possession? Assume no disabilities.
No. B has a life estate, which is a present interest, but cannot adversely possess against the future interest holder, C, because adverse possession cannot cut off someone who already has a vested future interest. Since C has a future vested remainder, B cannot acquire fee simple by adverse possession.
What are the 6 requirements for adverse possession?
Hostile Intent, Open and Notorious, Continuous , Exclusive, Actual, SOL
A builds a garage that accidentally overlaps 2 feet onto O’s land, while mistakenly believing the line is correct. Over 15 years, O does nothing.
What is this called?
Lappage
True or False: Two adverse possessors who each wrongfully ousted the other can tack their possession periods together.
False
O conveys “to A for life, then to B and her heirs.”
What estate does B have?
➡️ B has a vested remainder in fee simple absolute.
O conveys “to A for life, then to B if B survives A.” B is mentally incompetent at the time of the conveyance. A occupies the land for 15 years. The statute of limitations for adverse possession is 10 years. Can B’s future interest be cut off by adverse possession?
Yes. B’s future interest is subject to being cut off by adverse possession, but because B is mentally incompetent, the statute of limitations is tolled during the disability. So A’s possession would not start the clock against B until the disability ends. Here, 15 years of open possession exceeds the 10-year statute, so B’s interest could be lost once the disability is no longer tolled.
An ownership interest in land that gives the holder the right to possess and use property immediately. Examples include fee simple absolute, life estate, and term of years.
✅ Present Estate
O owns land. A begins adverse possession in 2000. In 2008, A gives the land to B, who continues possession until 2015. The statutory period is 15 years.
In what year will B acquire title?
2015
If the true owner of land is a minor when adverse possession begins, when does the statutory period start to run?
When the minor reaches the age of majority — the disability must be removed before the statute starts to run.
O conveys “to A for life, then to B’s children.”
At the time of the conveyance, B has one child, C.
What interests exists for A, B, and C?
➡️ A has a life estate.
➡️ C has a vested remainder subject to open (because B could have more children).
➡️ B’s future children hold contingent remainders (they can join the class).
O conveys “to X for life.” X openly occupies the property for 5 years. Then X’s tenant, Y, continues the same open, hostile possession for another 7 years without O’s permission. The statute of limitations is 10 years. Can X/Y together claim adverse possession against O, using tacking?
Yes. X’s 5 years of possession can be tacked to Y’s 7 years because there is privity (tenant relationship) between X and Y. The total 12 years exceeds the 10-year statute of limitations, so X/Y together could acquire ownership by adverse possession.
A legal interest in property that does not give the holder possession immediately, but will do so in the future. Examples include reversion, remainder, and executory interests.
✅ Future Estate
O owns land and becomes legally insane in 2010. A enters adversely in 2012 and remains for 15 years. The statute is 10 years, and insanity is a disability that tolls the statute until it’s removed. O recovers in 2020.
In what year will A acquire title?
2030
In 2000, Alex enters and adversely possesses land owned by Betty, who is legally insane. Betty recovers her sanity in 2010. The statute of limitations is 10 years.
When does Alex acquire title?
2020
O conveys “to A for life, then to B if B graduates from law school.”
At the time of conveyance, B is a law student.
What kind of remainder does B have, and what does O have?
➡️ B has a contingent remainder (condition precedent = graduation).
➡️ O has a reversion (in case B never satisfies the condition).
O conveys “to D for life, then to E.” D abandons the property after 2 years, but E, believing they have immediate possession, openly occupies it for 12 years. The statute of limitations is 10 years. Can E acquire ownership by adverse possession even though D had a life estate?
No. E cannot adversely possess against D’s life estate, because a life tenant (D) has a present possessory interest, and adverse possession cannot start against someone with a present interest. E’s belief that they have immediate possession does not allow them to cut off D. Only the future interest is vulnerable once the life estate ends.
A legal condition (such as minority, insanity, or imprisonment) that can toll the statute of limitations for adverse possession until it is removed.
✅ Disability
A intentionally builds a garden and a shed on O’s land and openly occupies the property for 6 years before O discovers the use. SOL 15 years. How will the court likely rule? What kind of intent was this?
The court will likely order A remove the structures because the SOL has not been met and the intent was larcenist.
Paula, a minor and blind, owns land. In 2005, Tony enters and possesses it. Paula turns 18 in 2008 and remains blind until her death in 2016. The statutory period is 10 years, and only one disability can toll the statute.
When does Tony acquire title?
2018
O conveys “to A for life, then to B and her heirs, but if B ever sells the land, then to C and his heirs.”
Identify all present and future interests for O, A, B, and C.
➡️ A — life estate.
➡️ B — vested remainder subject to divestment (because B’s interest can be cut short if she sells).
➡️ C — shifting executory interest (it cuts off B’s estate upon sale).
➡️ O — no remaining interest.
O conveys “to F for life, then to G.” F occupies the property openly for 6 years. Then G’s mentally disabled sibling H continues possession for 8 years. The statute of limitations for adverse possession is 10 years. Can H’s possession be tacked onto F’s to acquire ownership, or does the disability affect the calculation?
No. H’s possession cannot be tacked onto F’s for adverse possession purposes if H is mentally disabled, because disability tolls the statute for H but does not retroactively shorten the clock. The 6 years of F plus 8 years of H = 14 years, but the statute was tolled during H’s disability, so they cannot complete the 10-year period against the future interest holder.
The principle allowing a subsequent possessor to add the time of prior adverse possessors to meet the statutory period, provided there is privity between the parties.
✅ Tacking
O owns a large parcel of land. In 2005, A begins using a narrow path across O’s land to reach the main road. A uses the path openly, continuously, and without permission.
In 2010, O installs a small gate blocking the path, but A climbs over it and continues using the path.
In 2012, O verbally tells A she may temporarily use the path for the next 6 months while construction is ongoing. After the 6 months, in 2013, O tells A she can no longer use the path, but A continues using it anyway.
The jurisdiction’s statute of limitations is 20 years.
What can A claim and when would the claim ripen?
2033