In adverse possession, the possessor has no claim against preexisting future interests.

Prepare for the Themis MBE Real Property Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your test!

Multiple Choice

In adverse possession, the possessor has no claim against preexisting future interests.

Explanation:
Adverse possession deals with taking title to the present possessory estate, not with extinguishing or overriding preexisting future interests. A future interest is a right that will take effect later, when the currently possessory estate ends. Because it isn’t currently possessory, the adverse possessor cannot claim or infringe on that future interest. The future interest remains intact and may become possessory later when the present estate terminates. For example, if someone holds a life estate to A with a remainder to B, an adverse possessor’s occupancy cannot erase B’s future interest; B’s remainder will take effect when the life estate ends, assuming the adverse possession period has run. So the rule that fits is that the adverse possessor has no claim against preexisting future interests.

Adverse possession deals with taking title to the present possessory estate, not with extinguishing or overriding preexisting future interests. A future interest is a right that will take effect later, when the currently possessory estate ends. Because it isn’t currently possessory, the adverse possessor cannot claim or infringe on that future interest. The future interest remains intact and may become possessory later when the present estate terminates. For example, if someone holds a life estate to A with a remainder to B, an adverse possessor’s occupancy cannot erase B’s future interest; B’s remainder will take effect when the life estate ends, assuming the adverse possession period has run. So the rule that fits is that the adverse possessor has no claim against preexisting future interests.

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