Adverse Possession 101: Timing Requirements & Required Qualities


This presentation will provide a comprehensive overview of the basic fundamentals of adverse possession and get you up to speed on the relevant components of the law. Many of the timing requirements can be vague and sometimes ambiguous and, additionally, words and phrases like “open and notorious” or “hostile” can lead to misunderstandings. This session will provide additional clarity to improve your ability to deal with this interesting area of real property rights.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

•   Build a baseline knowledge of what adverse possession is and how it works
•   Bring clarity to adverse possession concepts such as “open and notorious” and “hostile use”
•   Master essential timing requirements, concepts such as “tacking” and more

Date / Time: April 19, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.


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James S. Ettelson, Esq. is senior counsel with the law firm of Royer Cooper Cohen and Braunfeld, LLC brings a diverse background in management gained in both the public and private sector, concentrating his practice in the fields of transactional corporate, business and real estate law. He practices in the areas of real estate, land use, zoning and commercial financing. He has represented developers, builders, health care and educational institutions, assisted living facilities, real estate investors and corporations in both the profit and nonprofit sectors and has been involved in a large and varied range of real estate litigation. His extensive legal experience ranges from business organization and counseling, equity and debt finance negotiation, lease/sale negotiation and agreement preparation to land use and zoning issues. He is an adjunct professor at St. Joseph’s University and is a frequent lecturer on land use law and real estate transactions.

Mr. Ettelson is admitted to practice in Pennsylvania; and before the U.S. District Court of Pennsylvania, Eastern District, the U.S. Court of Appeals for the Third Circuit and the United States Supreme Court. He earned his B.S. degree from the Pennsylvania State University and his J.D. degree from Temple University. He is a member of the Philadelphia, Pennsylvania and American bar associations and is ranked AV Preeminent by Martindale-Hubbell. He has also served more than four years as a member of his township’s planning commission and was elected to three full terms as a Lower Merion Township Commissioner and subsequently served as Board president.

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myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Date originally recorded: April 19, 2018

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
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Section I. Adverse Possession Defined: Developing a Baseline Knowledge

Section II. Time Requirements for Adverse Possession
a) Period of Time – Private vs. Public Entity
b) Tacking – How it Works
c) Extending the Statute of Limitations

Section III. Required Qualities of Possession
a) Open and Notorious – Standards for Visibility
b) Actual – Does the Use Fit the Property?
c) Continuous, Uninterrupted Use – Even Seasonal Use?
d) Exclusive Use – Is the Claimant the Sole User?
e) Hostile, Adverse Use – Did the Landowner Consent?