hard · National Real Estate Exam

An adverse possessor occupies a property for 12 years. In the 13th year, the record owner sells the property to a new buyer.

If the statutory period is 20 years, what happens to the adverse possessor's claim?

  1. The possessor is immediately a trespasser because the new owner did not have 'constructive notice'.
  2. The possessor must record a lis pendens to keep the clock running against the new owner.
  3. The clock continues to run, and the possessor only needs another 8 years against the new owner.
  4. The 12 years are wiped out, and the possessor must start over with the new owner.

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