Adverse Possession: An Advanced Course

This course has been discontinued.

Adverse possession is a legally recognized way, or method, of taking title to property by physical occupation. It is always a hostile act. Based on ancient principles of common law, adverse possession is defined by statute on a state-by-state basis. In all states, possession must run for a statutory period, and the adverse claimant is charged with the burden of proof.

Boundary surveyors must be familiar with this doctrine, as retracement surveys are frequently complicated by claims of adverse possession. A survey of original property lines cannot, by itself, revive the rights to land lost in adverse possession. Understanding the elements of adverse rights-with an awareness that variations exist between state laws-is critical. The appearance of surveyors in court is often triggered by issues of adverse possession, with attorneys relying heavily on surveyors as experts in what is often a difficult legal doctrine.

This 2-hour online course reviews the historic concepts of adverse possession, the statutory character of these actions, and the burden of proof against the claimant. This course examines the effect of surveys on such claims, exemptions to claims of adverse possession, and the well established elements of adverse possession. The course also discusses the doctrine of prescription and its relationship to adverse possession. Using various examples both from classic texts and the author's experiences, the course examines statutes of limitations, color of title, and a surveyor's explicit duties to clients and courts.

Vector Solutions has a long history of providing industry-specific content for its customers. While this course and its content remain accurate and functional within our systems, the look and feel may not match our more modern offerings.

After completing this course, you will:

• Learn techniques to avoid exposure to undue liability and legal complications.
• Be familiar with the ancient principles of common law from which adverse possession originates.
• Be familiar with the statutory nature of this doctrine.
• Understand the effect of surveys and monumentation on claims of adverse possession.
• Learn about the multiple exemptions to claims of adverse possession that effect boundary law.
• Become comfortable with the ten well established and fundamental elements of adverse possession.
• Obtain a greater clarity regarding the doctrine of prescription and its relationship to adverse possession.
• Gain a working familiarity with the differences between actual possession, open and notorious possession, continuous possession, hostile possession and exclusive possession.
• Understand the recognized duties that a surveyor has to a court and to the client when encountering adverse possession, and
• Be familiar with a number of texts that are essential guides for any surveyor conducting boundary surveys, and that serve as permanent in-office references for adverse possession cases.