Property Law I

Front 1

the land's owner conveys title to another by deed, either in a sale transaction or by gift

Back 1

conveyance

Front 2

the land's owner dies, having executed a valid will that makes a testamentary gift of the land

Back 2

devise

Front 3

the land's owner dies intestate, with the land passing to the owner's heirs as identified by the applicable state descent and distribution statute

Back 3

inheritance

Front 4

a deed or other instrument of conveyance that purports to convey title to the land in question.

Back 4

Color of title

Front 5

You can divide the universe of adverse possession claims into two basic types:

Back 5

---claims of possession under color of title

---claims of possession without color of title.

Front 6

This essentially operates as a statute of limitations upon the true owner's right to recover possession of the land from an adverse possessor. Once that statute of limitations expires -- in other words, once the possessor has satisfied all of the elements of the adverse possession standard -- the true owner can no longer bring a legal action to recover possession of the land (or the benefits of that possession) -- or even exercise self-help in order to recover possession of the land. Once that statute of limitations expires, the adverse possessor's possession ripens into good title, automatically, by operation of law.

Back 6

adverse possession

Front 7

When does an adverse possesor take control of land?

Back 7

at the moment the adverse possessor has satisfied all elements necessary for adverse possession for the requisite duration, the adverse possessor acquires a title of the same quality as the true owner held at the moment that the adverse possessor first took possession of the land.