If an adverse possessor occupies land in violation of a recorded real covenant, what happens?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

When an adverse possessor occupies land, they may obtain title to it under certain conditions despite any recorded real covenants that may exist. If they take possession openly, continuously, and without the permission of the original owner for the statutory period, they can eventually gain legal title to the property. This title, however, is automatically free from any existing real covenants because the doctrine of adverse possession prioritizes the possessory rights over previously recorded interests.

In this scenario, the recorded real covenant no longer binds the adverse possessor once they have acquired title through adverse possession. Therefore, the adverse possessor's title becomes free from the restrictions of the covenant, allowing them full ownership rights without having to adhere to those original limitations.

Understanding this principle provides clarity on how adverse possession can override prior claims on the land, such as real covenants, ultimately allowing the possessor to hold title free from those encumbrances.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy