Adverse Possession: Color of Title and Constructive Adverse Possession

This lesson focuses upon the concept of "color of title" and the role that it plays in the resolution of adverse possession disputes. The lesson should assist students in understanding: the distinction between claims of possession with color of title and without color of title; the significance of color of title as a basis (in some states) for shortening the statutory period for adverse possession; and the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define "color of title" in the context of adverse possession.
2. Distinguish between claims of possession under color of title and claims of possession without color of title.
3. Explain the effect color of title has in some states on determining the statutory period for adverse possession.
4. Define constructive adverse possession.
5. Explain the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.