Adverse Possession

Adverse possession is a system whereby the occupation of another's land gains the occupier title, but only if the occupation is indeed wrongful.1 Though the adverse possessor gains legal title, it is not likely to be "marketable" title for a purchase because (1) the title is subject to litigation and (2) conveyancers generally have the notion that title must be marketable of record. The only certain way to make the title marketable is to establish a paper record by a favorable court decision.2 The two aspects to consider are the statutory requirements, including the statutory period, and the doctrine of adverse possession, which is a judicial gloss on the statute.3 "The theory upon which adverse possession rests is that the adverse possessor may acquire title at such time as an action in ejectment by the record owner would be barred by the statute of limitations."4 Based upon this theory, one purpose of the adverse possession system is "that there should be a restricted duration for the assertion of 'aging claims,' and that the elapse of a reasonable time should assure security to a person claiming to be an owner."5 Other purposes of adverse possession are to "quiet all titles which are openly and consistently asserted, to provide proof of meritorious titles, and correct errors in conveyancing."6

2. Will a quiet title action be successful when not all of the elements are met?

Case law indicates that all elements must be met. Some elements are a qu

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h respect to the property. The claim of title is a state of mind, and there are three different standards: (1) the objective standard is that state of mind is irrelevant and is a view held in England; (2) the second standard is known as the aggressive trespasser standard, where the claimant thought he did not own the property but intended to take it. The third standard is the good-faith standard where the required state of mind is "I thought I owned it."21 California generally follows the good faith standard. E. Continuous and Uninterrupted Possession Whether possession is continuous and uninterrupted depends on the use for which the land is suited. It has been found that where inclosed land suitable for grazing and pasturage is occupied each year during the season from May until October or November, possession is deemed continuous.22 The criterion upon which this element is judged is whether the record owner would have been in continuous possession of the property. It has been decided that seasonal occupation constitutes continuous occupation for summer or vacation property or other seasonal activity. F. Holder has Paid All Taxes It has been held that a possessor's failure to pay taxes on property he was occupying

Category: Government - A