Adverse Possession and Prescriptive Easements for Land Surveyors

This course examines adverse possession and prescriptive easements as they relate to boundary retracement, encroachments, land use, and property-right disputes. It explains how the occupation or use of another party’s land may develop into a claim of title or a legally recognized right of use when the applicable requirements are satisfied.

Participants will study actual, open and notorious, exclusive, hostile, and continuous possession; statutory time periods; tacking; color of title; good faith; tax-payment requirements; and common exemptions. The course also distinguishes adverse possession from prescriptive easements and examines structural, landscape, agricultural, access, utility, and other forms of encroachment or use.

The course discusses the surveyor’s role in recognizing, documenting, and communicating potential possession or prescription issues without making unauthorized legal determinations. It also introduces quiet-title actions and other dispute-prevention or resolution measures. Because the governing statutes and judicial interpretations differ by jurisdiction and change over time, participants must verify current controlling law and consult qualified legal counsel when appropriate.