Adverse Possession's "Tacking" Doctrine: Written by an Adverse Possession Attorney in Everett, WA (Snohomish County)
This article explains the rudimentary aspects of adverse possession’s “tacking” doctrine. In short, tacking allows two or more adverse possessors to add together their periods of possession and thereby satisfy adverse possession’s ten (or seven) year time condition. For example, party A might adversely possess land for five years and then convey his claim to party B, who continues adversely possessing the land for another five years. Adding (tacking) together their five-year periods can thus meet the ten-year threshold for adverse possession.
Two elements must be present for tacking to occur: a) the tacked time periods must be continuous for the requisite ten (or seven) years and, b) there must be “privity” between the tacked adverse possessors.
1. Continuity Element. The continuity element simply means there cannot be a time gap between the tacked periods of adverse possession. In the example above, for instance, party A could not adversely possess the land for five years, stop adversely possessing for a year, and then convey his adverse possession claim to party B. The continuity of adverse possession would have been broken during the year party A stopped adversely possessing the land. The time of possession would be re-set to zero soon as party A’s adverse possession stopped.
2. Privity Element. Privity is sometimes described as a “nexus” between the tacked adverse possessors. To have privity, the predecessor must transfer his adverse possession interest to the successor. Party A might give his interest to party B, sell his interest to party B, or pass his interest to party B by inheritance. The transfer does not need to be in writing: it can be an oral conveyance, unlike most other real-estate related transactions. Oddly, the predecessor does not need to know he is transferring an adverse possession claim. Commonly, party A unknowingly builds his house on his neighbor’s land and then sells the house to party B. The home sale would effectively transfer the adverse possession interest.
3. Who Gets the Land? A common question is, when tacking takes place, who ends up owning the adversely possessed land: the predecessor, the successor, or both? The answer is, the successor (or the successor’s successor). Given the example from above, party B would end up owning the land, unless and until he transfers his interest to someone else. Party A lost all interest in the land through the transfer to party B.
If you have questions about this or other real estate related matters, we invite you to contact one of our Everett, WA real estate attorneys at Genesis Law Firm, PLLC.
Two elements must be present for tacking to occur: a) the tacked time periods must be continuous for the requisite ten (or seven) years and, b) there must be “privity” between the tacked adverse possessors.
1. Continuity Element. The continuity element simply means there cannot be a time gap between the tacked periods of adverse possession. In the example above, for instance, party A could not adversely possess the land for five years, stop adversely possessing for a year, and then convey his adverse possession claim to party B. The continuity of adverse possession would have been broken during the year party A stopped adversely possessing the land. The time of possession would be re-set to zero soon as party A’s adverse possession stopped.
2. Privity Element. Privity is sometimes described as a “nexus” between the tacked adverse possessors. To have privity, the predecessor must transfer his adverse possession interest to the successor. Party A might give his interest to party B, sell his interest to party B, or pass his interest to party B by inheritance. The transfer does not need to be in writing: it can be an oral conveyance, unlike most other real-estate related transactions. Oddly, the predecessor does not need to know he is transferring an adverse possession claim. Commonly, party A unknowingly builds his house on his neighbor’s land and then sells the house to party B. The home sale would effectively transfer the adverse possession interest.
3. Who Gets the Land? A common question is, when tacking takes place, who ends up owning the adversely possessed land: the predecessor, the successor, or both? The answer is, the successor (or the successor’s successor). Given the example from above, party B would end up owning the land, unless and until he transfers his interest to someone else. Party A lost all interest in the land through the transfer to party B.
If you have questions about this or other real estate related matters, we invite you to contact one of our Everett, WA real estate attorneys at Genesis Law Firm, PLLC.