Adverse Possession – Vocabulary Flashcards

Key vocabulary terms, cases, and concepts related to Adverse Possession and the Public Land Survey System as covered in the notes.

Adverse Possession

A legal doctrine allowing a person to acquire title to land owned by another after meeting specific elements (open and notorious; actual; exclusive; adverse/hostile; continuous for the statutory period; plus related concepts like tacking and disability tolling).

Open and Notorious

The possession is visible to an ordinary observer, such that a true owner would notice the claim upon inspection.

Actual Possession

Physical use of the land as an owner would, showing dominion over the property (e.g., occupancy, farming, or other use appropriate to the land’s character).

Exclusive Possession

Possession that is not shared with the true owner or others who lack permission; the possessor excludes others to the extent a reasonable owner would.

Adverse/Hostile

Possession without the true owner’s permission; the state of mind tests vary (objective, good-faith, or bad-faith).

Objective Test (Adverse/Hostile)

The possession is adverse if the possessor uses the land without the owner's permission, regardless of the possessor’s belief.

Good Faith Test

The possessor must honestly believe they own the property, even if mistaken.

Bad Faith Test

The possessor must know they do not own the land and intend to take title from the true owner.

Continuous Possession

Possession for the entire statutory period; may be intermittent use that a reasonable owner would exhibit, depending on land type.

Statutory Period

The required time for adverse possession to ripen; varies by state (commonly 10, 15, or 20 years; NC uses 20 years).

Tacking

Adding a predecessor’s adverse possession period to a current possessor’s period when there is privity between them.

Privity

A legal relationship between successive possessors (often via transfer or deed) that allows tacking of possession.

Disability Tolling

The statute of limitations may be paused when the owner is under a disability (infancy, insanity, imprisonment); rules vary by jurisdiction.

Color of Title

Possession under a defective or questionable title; can support a claim when combined with possession for a statutory period (e.g., NC’s seven years under color of title).

Color of Title – NC Stat. § 138

North Carolina statute allowing seven years of possession under color of title to bar claims by others, subject to disability rules.

Gurwit v. Kannatzer

A case addressing what constitutes actual possession on undeveloped land and how possession is demonstrated (e.g., boundary-related questions).

Van Valkenburgh v. Lutz

New York case holding 15 years of actual occupation is required; possession must be protected by enclosure or cultivation to prove title without a written instrument.

Fulkerson v. Van Buren

Case discussing hostility and the mental state required for adverse possession; debates over whether a religious organization’s use can satisfy hostility.

Public Land Survey System (PLSS)

System of surveying land using principal meridians and base lines to create townships, ranges, and sections for description of land.

Principal Meridian

A principal reference line used in PLSS to define the grid of land surveys (multiple meridians exist across the U.S.).

Base Line

A baseline in PLSS perpendicular to a principal meridian, used with meridians to describe parcels of land.

Section

In PLSS, a 1-square-mile tract of land totaling 640 acres.

Quarter Section

A quarter of a section, equal to 160 acres.

Half Section

Half of a section, equal to 320 acres.

One-Eighth Section

An eighth of a section, equal to 80 acres.

Township

A 6-by-6 mile square composed of 36 sections; a fundamental unit in PLSS.