Titles to Land by Adverse Possession
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WIAM EDWIN TAYLoa t
N the preceding issue of this Review the writer collected and
compared the important statutory provisions of England and the
states and dependencies of the United States that control the time
within which entry may be made upon or action brought for the
recovery of land or its possession. It remains to group and contrast
the controlling provisions with reference to those owners who are
excepted from or given special consideration in the operation of the
limitation acts. Such owners fall into several distinct classes.
STATES
In eleven jurisdictions the sovereign is expressly excepted from
the operation of such statutes.8 In Illinois,9 Massachusetts,' South
Dakota,4 Washington,42 and Alaska43 the sovereign is excepted only
from the operation of certain special provisions.
* Continued from (1935) 20 Iowa L,. Rev. 551.
t Professor of Law, Howard University; formerly :Examiner of Titles, Cook
County, Illinois.
38 The jurisdictions and statutory provisions to which reference is made are
these: Ala. 8939; Ariz. 2056; Fla. 4653; Ga. 4168; Miss. 2291; Mo. 859;
Nob. 20-218; Ore. 1-211; Tex. 5517; Va. 5829; D. C. 344. The compilations
and codes to which these section numbers refer are collected in note 1.
:3 Ill. 83:8 excepts the state from §83:6 (Every person in the actual posses-
sion of lands under claim and color of title made in good faith and who shall
for seven successive years continue in such possession and shall also during
said time, pay all taxes legally assessed on such lands, shall be held . . the
legal owner of said lands to the extent and according to the purport of his
paper title); and from §83:7 (Whenever a person having color of title,
made in good faith, to vacant and unoccupied land, shall pay all taxes legally
assessed thereon for seven successive years, he shall be adjudged the legal
owner of said land, to the extent and according to the purport of his paper
title).
40Mass. 92:96, excepts only lands of the commonwealth under the control
of the commission for reservation or boulevard purposes.
-1 S. D. 2293, excepts state land from §2291 (same as Ill. 83:6 save that the
period is ten years); and from §2292 (same as Ill. 83:7 save that the period is
ten years). See note 39, supra.
42 Wash. 790, excepts state lands from the operation of §788 (same as Ill.
83:6); and of §789 (same as Ill. 83:7).
43 Alaska 1874: . . uninterrupted adverse, notorious possession of real](ViewImageLocal?handle=hein.journals/ilr20&div=58&collection=&method=preview&ext=.png&size=3)
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Titles to Land by Adverse Possession
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