Adverse Possession
Definition
Adverse possession is a legal doctrine that allows a person to claim ownership of land by occupying it continuously for a statutory period under specific conditions, without the true owner's permission.
Example
A farmer builds a fence that accidentally extends 10 feet onto the neighbor's property and farms that strip of land openly for 20 years. The neighbor never objects. After the statutory period expires, the farmer may claim ownership of that strip through adverse possession by filing a quiet title action.
Exam Tip
Remember OCEAN for the requirements: Open, Continuous, Exclusive, Adverse/hostile, Notorious. Key exam point: adverse possession CANNOT be used against government-owned land in most states. The possession must be WITHOUT the owner's permission — if the owner grants permission, it becomes a license, not adverse possession.
Related Title Transfer Terms
Deed
A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.
General Warranty Deed
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
Special Warranty Deed
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
Quitclaim Deed
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
Bargain and Sale Deed
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
Deed Requirements (Essential Elements)
For a deed to be valid, it must contain several essential elements including a competent grantor, identifiable grantee, consideration, legal description, granting clause, signature of the grantor, and delivery and acceptance.
Frequently Asked Questions
Test Your Title Transfer Knowledge
Practice with exam-style questions to make sure you can apply Adverse Possession and other title transfer concepts.