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Tacking

possession adverse property possessor

The process whereby an individual who is in ADVERSE POSSESSION of real property adds his or her period of possession to that of a prior adverse possessor.

In order for title to property to vest in an adverse possessor, occupancy must be continuous, regular, and uninterrupted for the full statutory period. If privity exists between the parties, such that one possessor gives possession of the land to the next, the time periods that the successive occupants have had possession of the property may be added or tacked together to meet the continuity requirement.

Tacking is allowed only when no time lapses between the end of one occupant's possession and the beginning of another's occupancy. In addition, possession by the prior occupant must have been adverse or under color of title.

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