# Why Adverse Possession - a Legal Way to Steal Property? **URL:** \ **Category:** Factual Questions\ **Created:** [October 26, 2000, 2:49am UTC](https://boards.straightdope.com/t/why-adverse-possession-a-legal-way-to-steal-property/38360 "2000-10-26T02:49:31Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![Akatsukami](https://avatars.discourse-cdn.com/v4/letter/a/ea666f/32.png) [@Akatsukami](https://boards.straightdope.com/u/Akatsukami)\ **Post date:** [October 26, 2000, 8:11pm UTC](https://boards.straightdope.com/t/why-adverse-possession-a-legal-way-to-steal-property/38360/21 "2000-10-26T20:11:05Z")
A slight hjack to prescriptive easements: We will suppose that **Anthracite** , on her way to the coal-fired generating plant, walks across my field every day for, say, 20 years. This, if I understand correctly, generates a prescriptive easement. If after it is established, I, in my rage, build a brick wall across her path, she may then sue me and win a judgment requiring me to put a gate in the wall, or take other actions allowing her to use that path. Do I also understand correctly that: [list=1] [li]This right is peculiar to **Anthracite**. If **billdo** decides to stroll down the same path, I am legally entitled to treat him as a trespasser (but what if **Anthracite** _allows_ him on the path?)[/li][li]This right is prepetual and assignable. **Anthracite** may leave in her will or sell it as she chooses, and I have no recourse.[/li][li]This right runs with all subsequent transfers of the property. If I sell that field to **Random** , he is also bound to let **Anthracite** walk on that path.[/li][li]I can re-unite the easement with the property by getting **Anthracite** to write a deed (would a quitclaim deed be appropriate here?) granting the easement to me. The easement is then as if it had never been; if I sell the property in the future, I do not have to specify “…and the prescriptive easement thereon established by **Anthracite** ”.[/li][/list=1] ---
**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\ **Post date:** [October 26, 2000, 8:55pm UTC](https://boards.straightdope.com/t/why-adverse-possession-a-legal-way-to-steal-property/38360/22 "2000-10-26T20:55:23Z")
> [@](#): > > \*Originally posted by Akatsukami \* > \*\* > Do I also understand correctly that: > > [list=1] > [li]This right is peculiar to **Anthracite**. If **billdo** decides to stroll down the same path, I am legally entitled to treat him as a trespasser (but what if **Anthracite** _allows_ him on the path?)[/li][li]This right is prepetual and assignable. **Anthracite** may leave in her will or sell it as she chooses, and I have no recourse.[/li][li]This right runs with all subsequent transfers of the property. If I sell that field to **Random** , he is also bound to let **Anthracite** walk on that path.[/li][li]I can re-unite the easement with the property by getting **Anthracite** to write a deed (would a quitclaim deed be appropriate here?) granting the easement to me. The easement is then as if it had never been; if I sell the property in the future, I do not have to specify “…and the prescriptive easement thereon established by **Anthracite** ”.[/li][/list=1] \*\* Yes Yes Based on the facts presented, the right is personal (in gross) to Anthracite. Under most circumstances, though, prescriptive easements are not limited to one person. I’m also assuming here that Anthracite does not own the generating plant, in which case the easement might be in favor of the plant property (an easement appurtenant) and not in favor of our favorite coal power specialist personally. Hmm. Tough one. Perpetual, yes, although easements can be extinguished through abandonment. Assignable and descendible? Depends on facts, but generally yes. Of course, if it is an easement appurtenant, it would run with the land (the dominant estate). Yes Yes. Form isn’t crucial. I see no reason why a quitclaim wouldn’t cover it. ---
**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\ **Post date:** [October 26, 2000, 9:01pm UTC](https://boards.straightdope.com/t/why-adverse-possession-a-legal-way-to-steal-property/38360/23 "2000-10-26T21:01:24Z")
1a)Yes 1b)Yes 1c)Based on the facts presented, the right is personal (in gross) to Anthracite. Under most circumstances, though, prescriptive easements are not limited to one person. I’m also assuming here that Anthracite does not own the generating plant, in which case the easement might be in favor of the plant property (an easement appurtenant) and not in favor of our favorite coal power specialist personally. 2)Hmm. Tough one. Perpetual, yes, although easements can be extinguished through abandonment. Assignable and descendible? Depends on facts, but generally yes. Of course, if it is an easement appurtenant, it would run with the land (the dominant estate). 3)Yes. 4)Yes. Form isn’t crucial. I see no reason why a quitclaim wouldn’t cover it. As far any deed the you issue, though, assuming the easement is still in existence, you would be wise not to give a warranty deed unless you excepted the easment. ---
**Author:** ![Una\_Persson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/una_persson/32/346_2.png) [@Una\_Persson](https://boards.straightdope.com/u/Una_Persson)\ **Post date:** [October 26, 2000, 10:33pm UTC](https://boards.straightdope.com/t/why-adverse-possession-a-legal-way-to-steal-property/38360/24 "2000-10-26T22:33:55Z")
This is fantastic information guys, thank you all! Especially to the lawyers who contributed (and yes, I know it is not “official” or “on the record” information). In addition, the expansions on this topic that **Random** and **Akatsukami** have added to this have been very thought-provoking for me. Anthracite ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [October 26, 2000, 11:33pm UTC](https://boards.straightdope.com/t/why-adverse-possession-a-legal-way-to-steal-property/38360/25 "2000-10-26T23:33:40Z")
At [ask.com](http://ask.com), I input ‘what is adverse possession’ : THE FIVE BASIC REQUIREMENTS TO CLAIM TITLE TO ANOTHER’S LAND 1. Possession must be held either under a claim of right or color of title; 2. Possession must be actual, open, and notorious occupation of the property in such a manner as to constitute reasonable notice of that occupation to the record owner; 3. The occupation must be both exclusive and hostile to the title of the true owner; 4. Possession must be continuous and uninterrupted for at least five years; and 5. The occupier must pay all taxes assessed against the property during such five-year period. See California Code of Civil Procedure Sections 318 et seq. CAVEAT: Please consult an attorney for legal advice. Laws in the United States differ from one jurisdiction to another. Any law stated herein is for educational purposes only and may not apply to your particular circumstance. [Previous page](https://boards.straightdope.com/t/why-adverse-possession-a-legal-way-to-steal-property/38360.md?page=1)