From 2013 through 2021, Morgan openly occupied a fenced side yard belonging to the neighboring parcel under a hostile claim. In 2021, Morgan moved out of state and abandoned the yard entirely. In 2023, Morgan returned and resumed the same hostile use through 2026. In a state with a 10-year adverse possession period, what is the best analysis?
Correct Answer
D) Morgan likely cannot count the years before the abandonment toward a continuous 10-year period
Adverse possession generally requires continuous possession for the full statutory period. Abandoning the property breaks continuity, so Morgan usually cannot combine the pre-abandonment years with the later years as though the possession had remained uninterrupted.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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