Tacking = to use a predecessor's time of adverse possession there must be privity of estate between occupant and predecessor
Statute of Limitations = adverse possession matures into full property ownership (fee simple) after passing a certain period of time, generally, twenty years.
If true owner has a disability, e.g. infancy, insanity, or imprisonment, existing at start of adverse possession, the statute of limitations for the occupant will not begin running until disability is removed
If adverse occupier uses part of land but claims entire property, does she get it all?
If occupier cannot or does not claim title, she will only receive part of land that she actually adversely possessed
Just Compensation and Adverse Possession
If government taking of land that was taken by adverse possession, occupant entitled to damages for interference of use of land but not for value of property since occupant did not have title to property (Winchester v. City of Stevens Point)
Adverse Possession of Government Property
Statute of limitations for adverse possession of government property held in private is longer = 40 yrs instead of 20 yrs.
Adverse of possession of government land held in the public trust, e.g. forests or parks, will not give one title probably get $ damages
Rights of adverse possessor:
Can still lay claim to title of land through adverse possession even if did not meet time requirement = even a person without good paper title or mature ownership by adverse possession may bring suit against someone who tries to forcibly eject him mere possession gives right to sue
Only legitimate title holder who has real deed can eject adverse occupant
Belotti v. Bickhardt (1920) – Hotel has been built over the real property line of the parties and the deed describes the boundary as not including part of the hotel
Transfer of ownership was intended to include entire building
Exception = possessor doesn’t have the right to sue the true owner
Winchester v. City of Stevens Point (1883) – P said city damaged his property by building dike in front to claim damages, P needs to prove he has a claim to property
Policy: don’t want to compensate twice if true owner claims damages too
Hinkley v. State (1922) – Property owner along Hudson river built pier, 100 years later State wants to condemn the pier to improve navigation but says they own the property already and don’t have to pay compensation
One cannot acquire title from the state by adverse possession, at least in connection to public property compared to private property
Can’t expect government to always monitor their property