Section 7 Elements for Tacking

• Library: Real Estate Fundamentals 2011

The doctrine of tacking permits a party in possession to add the possessory period of a prior party in possession to establish continuous possession for the period of limitations. Kitterman v. Simrall, 924 S.W.2d 872, 876 (Mo. App. W.D. 1996). Establishment of continuity of possession does not require one person to maintain adverse possession for the statutory period. Continuity may be shown by successive possessions of several persons between whom privity can be shown. Successive possession of those in privity when tacked together constitutes one adverse possession for the statutory period
if the other elements of adverse possession are present. Any abandonment or interruption during the statutory period will destroy the continuity of possession. Brown v. Redfern, 541 S.W.2d 725, 728 (Mo. App. E.D. 1976); Trs. of Forestgreen Estates, 4^th Addition v. Minton, 510 S.W.2d 800, 803 (Mo. App. E.D. 1974); Guerin v. Yocum, 506 S.W.2d 46, 47 (Mo. App. S.D. 1974).

The rule involving privity appears to...