The Role of Title Deeds in Adverse Possession

 

The Role of Title Deeds in Adverse Possession

Adverse Possession is fundamentally a legal mechanism for a non-owner to acquire title. It usually applies when a person has no valid title deed. However, a specific concept known as "Color of Title" deals with situations where a person possesses the property under a deed that appears to be valid but is, in reality, legally defective.

1. Adverse Possession with "Color of Title"

Color of Title is a document—often a deed, will, or court order—that seems to convey title to the property but fails to do so due to some underlying legal flaw.

Examples of a Defective Deed (Color of Title):

·       A deed signed by a person who did not truly own the property.

·       A deed that was improperly executed (e.g., not witnessed or acknowledged correctly).

·       A flawed foreclosure or tax sale deed.

·       A deed that mistakenly describes the boundaries of the land, leading the possessor to occupy more land than they legally purchased.

The Effect of Color of Title on the Claim:

If a claimant successfully demonstrates possession under Color of Title, they receive two significant advantages, depending on the jurisdiction:

·       Shorter Statutory Period (in many jurisdictions): Many regions reduce the required continuous possession time for a claimant who possesses under Color of Title, sometimes drastically (e.g., from 20 years down to 7 or 10 years). The law is more lenient because the possessor has a good-faith belief, based on a document, that they are the true owner.

·       Constructive Possession of the Entire Tract: This is the most crucial benefit. A simple trespasser (without Color of Title) can only claim the actual area they physically occupied and improved. A claimant with Color of Title, however, may be deemed to have possession of the entire parcel of land described in their defective deed, even if they only physically occupied a small part of it. The defective deed "colors" the extent of their claim.

2. The Distinction: Valid Deed vs. Defective Deed

It is essential to understand the difference between a defective deed used for "Color of Title" and a legally valid deed:

Feature	Adverse Possession Claim	Lawful Ownership
Possessor's Deed	Defective (Color of Title) or Non-existent	Valid (Perfect Legal Title)
Claim Basis	Factual possession that is Hostile to the true owner's right	Title recorded in public records
Core Principle	The possession itself creates the new title	The deed/grant transfers the title

Crucial Point: If a person holds a valid title deed and is in possession, they are the true legal owner. They do not need to claim Adverse Possession; their ownership is already established by their deed. Adverse Possession only comes into play when the possessor's title is non-existent or flawed.

3. What Cannot Be Claimed by a Deed Under Adverse Possession

A valid, undisputed deed from the true owner is the antithesis of Adverse Possession. You cannot use a valid deed to claim against the person who granted you that deed unless you first repudiate the deed and make your possession hostile.

Furthermore, a deed that grants a lesser right, such as a lease or a license, cannot be the basis for an Adverse Possession claim against the lessor/licensor. Why? Because possession under a lease or license is permissive, which automatically defeats the core requirement that possession must be Hostile (i.e., without permission).

Conclusion

In the context of Adverse Possession, a "title deed" is used not as a source of the legal title, but as evidence of the nature and extent of the possession.

·       If the deed is defective (Color of Title): It is a powerful piece of evidence that can reduce the statutory time limit and expand the area of the claim, provided all other Adverse Possession elements (Actual, Continuous, Hostile, Open, and Exclusive) are met.

·       If the deed is valid: The doctrine of Adverse Possession is irrelevant, as the person is already the rightful owner.