NCEES Principles and Practice of Surveying Practice Exam

What is 'tacking' in relation to adverse possession?

1. Combining ownership periods for a more favorable ruling

2. Permitting gaps in property possession

3. Joining successive periods of adverse possession to satisfy the statutory period

4. Undertaking any improvements on the property

The correct answer is: Joining successive periods of adverse possession to satisfy the statutory period

'Tacking' in relation to adverse possession refers to the legal concept of joining successive periods of adverse possession to satisfy the statutory period required for gaining ownership of a property. This means that if a previous possessor occupied the property in a manner that meets the criteria for adverse possession for part of the statutory period, a subsequent possessor may add their own period of possession to that of the previous possessor. This concept ensures that the cumulative time of possession can reach the necessary duration mandated by law, often specified as a number of continuous years. Tacking is crucial in cases where the individual seeking adverse possession does not occupy the property for the entire statutory period, but can combine their time with that of previous possessors who also used the property adversely. Understanding tacking is important for surveyors and legal professionals as it affects land ownership disputes and helps clarify rights and claims over properties that have been used in a manner contrary to the interests of the actual titleholder.