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Massachusetts Agencies

Adverse Possession against Co-tenant

Adverse Possession

For cases on adverse possession against co-tenants, see Allen v. Batchelder, 17 Mass. App.Ct. 453, 459 N.E.2d 129 (1984), Nickerson v. Nickerson, 235 Mass. 348, 126 N.E. 843 (1920), Ingalls v. Newhall, 139 Mass. 268, 30 N.E. 96 (1885), Bellis v. Bellis, 122 Mass. 414 (1877) and Parker v. Proprietors of the Locks and Canals on Merrimack River, 44 Mass. 91 (1841).

The above cases stand for the following propositions:

Adverse possession by a stranger need only be open, notorious, continuous and exclusive.

Adverse possession as between co-tenants requires an ouster.

Adverse possession for a long time by a co-tenant raises the presumption of an ouster.

Where a co-tenant deeds to another who comes into open, notorious, continuous and exclusive possession, this is sufficient for the grantee to claim adverse possession.