Bifalgorithm post · Property · at 74-75 (2d Thomas ed. 1998) (citing An Act for
Rationales
Rationales (Property · at 74-75 (2d Thomas ed. 1998) (citing An Act for) — "Courts and commentators generally ascribe to “four traditional justifications or cl…
Ideas in this flowchart
- Traditional justifications for transferring title through adverse possession
- The entitlement is transferred after the statute of limitations runs
- Four traditional justification clusters support adverse possession
- The passage of time may result in lost evidence
- Adverse possession quiets titles
- Adverse possession discourages owners from sleeping on their rights
- Adverse possessors and interested third persons develop reliance interests
- Society has determined that property should be used according to its nature and purpose
- Using and preserving property for a certain length of time benefits the community
- The beneficial use of property warrants conferring title on the user
- Title is presented as a reward for beneficial efforts concerning the property
- Holmes grounded societal tolerance of adverse possession in the effects of long-term use
- Long enjoyment and use cause the property to take root in a person's being
- Removing something deeply rooted through long use provokes resentment and defensive action
- Merrill and Finley summarize the traditional rationales supporting adverse possession
- Holmes's formulation is quoted as support for the long-term-use rationale
