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.