Adverse possession
1.    Rule: for possession to ripen into title, four requirements:  possession must be continuous (uninterrupted for

statutory period), open and notorious, actual, and hostile (COAH); no claim of right required; owner does not have to know; possessor’s

subjective state of mind irrelevant; no adverse possession against state land; titles acquired by adverse possession are not marketable

Constructive adverse possession: if one goes onto property under color of title and only possess a portion of the whole, constructive

adverse poss. can give title to all: amount possessed must bear reasonable relation to the whole and the property must be unitary

Adverse possession against concurrent owners: can only occur when possessor excludes cotenants from possession and statute runs; exclusion

starts the clock, not absence of the other cotenant
4.    Future interest rules: life estate: clock runs at death of life tenant; fee simple

determinable, clock runs at happening of stated condition; fee simple subject to condition subsequent, clock runs when grantor exercises

right of reentry
5.    Tacking: one adverse possessor may tack on to his time with the land his predecessor’s time so long as there is

privity which is satisfied by any non-hostile nexus such as blood, contract, deed, or will;  tacking not allowed when there has been

ouster;  periods of possession must pass directly, no gaps
6.    Disability: statute of l imitations will not run against a true owner who

is afflicted by a disability (insanity, infancy, imprisonment) at the inception of the adverse possession

Other Resources for Adverse Possession: