Tacking

Tacking in Real Estate: Detailed Definition

Definition

Tacking in real estate law refers to the legal principle allowing someone claiming adverse possession to combine consecutive periods of possession by different owners to satisfy the statutory period required to establish a claim to property ownership.

Examples

Individual Claim:
- Suppose an individual squats on a parcel of land for 5 years. This person moves away, and a new squatter occupies the land for another 10 years. The second squatter could use tacking to combine the first squatter’s 5-year period with their 10-year period to claim adverse possession if the statutory period in that jurisdiction is 15 years.
Family Claim:
- A farmer occupies a plot continuously for 8 years before passing away, leaving the land to his daughter. The daughter then continues the occupation for another 7 years. She could tack on her father’s period of possession to hers, making a combined 15 years necessary for an adverse possession claim.

Frequently Asked Questions (FAQs)

Q1: What is adverse possession?

A1: Adverse possession is a legal doctrine under which a person who is not the legal owner of a property gains legal ownership through continuous possession and use over a period specified by statute.

Q2: Can tacking apply if there’s a break in occupancy?

A2: Generally, tacking applies even with minor breaks in occupancy. However, significant interruptions could invalidate continuous possession, depending on the jurisdiction.

Q3: Does the previous possessor’s possession need to be legal for tacking?

A3: No, the previous possession does not have to be legally sanctioned. It merely needs to meet the criteria for adverse possession during the period claimed.

Q4: Can tacking be used for possession on commercial property?

A4: Yes, tacking can be applied to both residential and commercial properties if all criteria under the adverse possession laws are met.

Q5: Is tacking permissible in all jurisdictions?

A5: Tacking laws vary by jurisdiction. Some areas may impose specific requirements on the nature of possession that is permissible to tack.

Adverse Possession: A method of obtaining ownership rights to real property by occupying it in a manner that is open, notorious, continuous, exclusive, and adverse to the interests of the true owner for a statutory period.
Continuous Possession: Ongoing and uninterrupted use or occupancy of property, crucial for claiming adverse possession or utilizing tacking.
Squatter’s Rights: The rights a person may acquire by occupying land or property without the owner’s permission under certain conditions over a statutory period.
Color of Title: A claim to title that appears legitimate but may not hold up under legal scrutiny.

Online Resources

References

Adverse Possession and Boundary Disputes: A Practical Guide to Effectively Resolving Them by Peter England
Principles of Property Law by Herbert Hovencamp and Sheldon F. Kurtz

Suggested Books for Further Studies

The Law of Property: Sweet and Maxwell’s Common Law Library by R. A. Holland & M. J. Bloom
Property Law For Dummies by Alan R. Romero and L. J. Dunkak
Real Estate Law by Marianne M. Jennings

Real Estate Basics: Tacking Fundamentals Quiz

### What does tacking in real estate law refer to? - [x] Adding successive periods of possession together. - [ ] Adding value to property through construction. - [ ] Transfer of property ownership documentation. - [ ] Re-titling a property from one owner to another. > **Explanation:** Tacking is the legal process of adding successive periods of possession together to satisfy the statutory requirements for a claim of adverse possession. ### Which of the following is a requirement for successfully tacking possession periods? - [x] The periods must be continuous and without significant interruption. - [ ] The property must be a residential property only. - [ ] The previous possessor must be the legal owner. - [ ] There must be improvements made during occupancy. > **Explanation:** For tacking to be valid, the combined periods of possession must be continuous and without significant interruptions. ### In tacking, can the successive periods of possession be by different individuals? - [x] Yes, different individuals' possession periods can be combined. - [ ] No, only the same individual's periods can be combined. - [ ] It depends on whether the property is commercial or residential. - [ ] Only family members' periods can be tacked. > **Explanation:** Tacking allows different individuals' periods of possession to be combined to meet the statutory requirements for adverse possession. ### Is tacking permissible if the possession period has a minor interruption? - [x] Yes, minor interruptions are often permissible. - [ ] No, any interruption voids the continuity. - [ ] Yes, but only in commercial properties. - [ ] No, the law requires an uninterrupted period. > **Explanation:** While minor interruptions may be permissible, the specific allowance depends on the jurisdiction. ### In the case of tacking, does the previous possessor’s possession need to be legally sanctioned? - [ ] Yes, it must be legal. - [ ] No, it must be illegal. - [x] No, it does not need to be legally sanctioned. - [ ] Yes, but it needs official documentation. > **Explanation:** The previous possession does not need to be legally sanctioned, just meet the criteria for adverse possession. ### Does tacking apply to both residential and commercial properties? - [x] Yes, it applies to both types. - [ ] No, only residential properties. - [ ] No, only commercial properties. - [ ] Yes, but it depends on property size. > **Explanation:** Tacking is applicable to both residential and commercial properties if they meet the jurisdictional criteria for adverse possession. ### Is tacking allowed in all jurisdictions in the same manner? - [ ] Yes, it’s universal. - [x] No, jurisdictional requirements can vary. - [ ] Yes, but only between countries. - [ ] No, only some states allow it. > **Explanation:** Tacking laws and the specific requirements can differ significantly between jurisdictions. ### What legal concept supports tacking's use in an adverse possession claim? - [x] Continuity of possession - [ ] Privity of contract - [ ] Eminent domain - [ ] Leasehold interest > **Explanation:** Continuity of possession supports the use of tacking in adverse possession claims. ### Why is tacking beneficial in adverse possession claims? - [ ] It decreases property value. - [x] It helps meet the statutory possession period more easily. - [ ] It increases property tax liability. - [ ] It allows conversion of property type. > **Explanation:** Tacking is beneficial because it allows claimants to meet the statutory period for adverse possession claims more effectively. ### What is essential for a successful adverse possession claim through tacking besides continuity? - [x] The possession must also be open, notorious, and adverse. - [ ] The property must have documented improvements. - [ ] There must be a change of ownership. - [ ] The property must be developed. > **Explanation:** For a successful adverse possession claim, in addition to continuity and tacking, the possession must be open, notorious, and adverse.