MBE Rules · Real Property
AP Tacking and Disabilities
Adverse possession — tacking and disabilities
The rule
Successive adverse possessors in privity tack their periods; the limitations clock is tolled for an owner's disability (minority, insanity, imprisonment) existing when the possession began — later disabilities do not count.
In plain English
In adverse possession, if multiple possessors are in privity, they can combine their time periods to meet the statutory requirement. Additionally, if the original owner has a disability when the adverse possession starts, the time for the owner to reclaim the property is paused, but only if the disability existed at the beginning of the possession.
Worked example
A property owner was a minor when an adverse possessor began using the land. After the minor turned 18, the property was transferred to another adverse possessor who continued to use the land. Because the original owner's disability existed when the possession started, the two possessors can combine their time periods for adverse possession, allowing them to claim ownership.
Memory hook
Tack it on: disabilities pause the clock for adverse possessors!
The trap
Exams may present scenarios where a disability arises after possession has begun, tricking students into thinking it can still toll the limitations period. Remember, only disabilities present at the start count.
How examiners test it
Questions often involve multiple adverse possessors and may include details about the original owner's disabilities, testing your understanding of how tacking and tolling interact in adverse possession claims.
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