DATE:
01/04/01
SUBJECT/TOPIC:
ADVERSE POSSESSION
  Q:
Approximately 11 years ago a man (A) bought Blackacre from a farmer (B). The contract called for the purchase of the entire farm which ultimately consisted of 182 acres. However, there may have been a survey done that excluded approximately 22 acres. All parties agreed to the sale of only 160 acres. For the last 11 years A has used the missing 22 acres to essentially hunt on. A's use has been seasonal at best. A has made no improvements on the land. B has not paid taxes on the property since the sale and in fact nobody has paid taxes. A wants the missing 22 acres and has had discussions with the potential owners of the property. As it turns out there are approximately 4 people who may be owners as joint tenants. A may be able to get three-fourths of them to quit claim their interests to him but the fourth has moved away and there is not way to reach her. I do not think A has taken via adverse possession due to the time as well as only seasonal use. I feel that the best way for A to take possession is to obtain the three quitclaims and then file suit to partition for the fourth owner. At worst he would obtain most of the property and at best would take it all. Please give your input as to the best and most economical way for A to get the 22 acres.
  A:
I think you are correct. One other thought: A has not been in possession at all. He has merely used the property. He could, I suppose, acquire a prescriptive easement or profit to hunt if his use continued for 20 years and if the other elements of prescription were present.
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