Question

If a landowner discovers an adverse possessor using his property to grow crops, could he stop any adverse possession claim against the land by giving the adverse possessor permission to grow the crops?

a) Yes, permission nullifies adverse possession.

b) No, once adverse possession has begun, it cannot be stopped.

c) Yes, but only if the landowner signs a written agreement.

d) No, permission is irrelevant to adverse possession.

Answer 1

Permission from the landowner nullifies adverse possession by breaking the continuity of possession, which is a necessary element for an adverse possession claim to succeed.

Step-by-step explanation:

If a landowner discovers an adverse possessor using his property to grow crops, could he stop any adverse possession claim against the land by giving the adverse possessor permission to grow the crops? The correct answer is a) Yes, permission nullifies adverse possession. By giving explicit permission, the landowner converts the adverse possessor's use of the property from a hostile claim into one that is authorized. This action would interrupt the continuity of possession, which is one of the necessary elements for an adverse possession claim to be successful.

As Ronald Coase discussed, the definition of property rights is essential in resolving disputes over property use. When it comes to adverse possession, a clear definition of ownership rights is paramount because adverse possession challenges the traditional understanding of property rights by allowing ownership to change without compensation under specific conditions. In this scenario, giving permission upends the hostile nature of the possession required for an adverse possession claim.