Adverse Possession

Question 1

For possession to ripen into title, it must be:

Answer 1

(1) Continuous;
(2) Open & notorious;
(3) Actual & exclusive; and
(4) Hostile.

Question 2

If possession is by a family member, (for example, a child against a parent) then Virginia presumes that…

Answer 2

the child is on the property by permission of the parent.

Question 3

The statute of limitations for adverse possession begins to run when…

Answer 3

the true owner can first bing suit.

Question 4

The time period for adverse possession in Virginia is…

Answer 4

15 years.

Question 5

Does an adverse possessor need to pay taxes on the property?

Answer 5

No – but such payment is generally evidence of a claim of right.

Question 6

Tacking occurs when…

Answer 6

one adverse possessor tacks his time to the land with his predecessor’s time.

must be non-hostile to achieve continuity.

Question 7

The statute of limitations will not run against a true owner who is affected by a disability…

Answer 7

at the inception of the adverse possession.

Question 8

In Virginia, a disability cannot extend the statutory period beyond…

Answer 8

25 years.