Topic outline

  • Adverse Possession Law

    Credits: 4 PDH

    PDH Course Description:

    This course is based on the topics of adverse possession and prescriptive easements, both legally established means in which a party may acquire either legal title or the deeded privilege to use land belonging to another party without the expressed consent of that owner. Those who perform boundary retracement surveys must be familiar with this legal doctrine, as these types of boundary surveys are often muddled by the existence of an adverse possession or prescriptive easement situation.

    Topics:

    • What is adverse possession?
    • Disseisor and Disseisee
    • Types of Encroachment; Encroachment vs Easements
    • Overview of “Squatter’s Rights”
    • Reasons for Adverse Possession and Prescriptive Easement Laws
    • The use of “Tacking” in adverse possession
    • Examples of, and Exceptions to Adverse Possession
    • Adverse Possession of Governmental Lands
    • Color of Title and Good Faith
    • The Principle Requirements of Adverse Possession
    • Preponderance of Evidence and the Claimant’s Burden of Proof
    • Actual Possession, Open/Notorious, Exclusive Occupation
    • What is “Hostile” Claim; Adverse Possession through Acquiescence
    • Principal Four - Under “Cover of Claim” or “Claim of Right“
    • Principal Five - Under Continuous and Uninterrupted Occupancy
    • What is “Prescription” or a Prescription Easement?
    • Establishing a Prescriptive Easement; Cases of Prescriptive Easements
    • Types of Easements, Termination of an Easement
    • Fighting Adverse Possession and Prescriptive Easements
    • Filing an Action to Quiet Title; Posting Signage on the Property
    • Providing Written Permission to the Squatter or Encroacher
    • Filing a report with Law Enforcement; Post a Notice to Evict and Filing
    • Blocking Entry to the Land or Property
    • Statute of Limitations on Ejectment and Time Periods

    To take this course:

    1.) Enroll in Course: Click below to enroll:
    (must be logged into your user account)


    2.) Study: Once enrolled, click below to begin the course:

    Download the Study Guide

    3.) Test: Once you've thoroughly read the course materials, please click below to take the final examination.

    Take the final exam

    4.) Certificate: A passing grade of 70% or higher on the exam, is required to receive the certificate of completion for this PDH course.
         NOTE: After the exam is completed, you will need to return to this page, in order to print (download) the certificate of completion.

    Print the Certificate of Completion

    Intended Audience: This course is intended for any engineering professional whose job description may require a general knowledge of adverse possession land law.
    Publication Source: Original courseware by Donald W. Parnell, PE

    Donald Parnell, PE

    • Topic 1