This section is from the book "Real Estate Principles And Practices", by Philip A. Benson, Nelson L. North. Also available from Amazon: Real Estate Principles and Practices.
Involuntary alienation is a transfer of the title without the owner's volition. Tax sales are instances of involuntary alienation, also public sales in actions to enforce liens. The property of the intestate leaving no heirs, which passes to the State by escheat is a transfer of title of this class. An unusual example is the loss of the land, under certain circumstances, through erosion, or washing away. And of the same nature is accretion or the increase of an owner's land through the action of currents depositing soil adjacent to his land. His area is increased by no voluntary action of his.
Another example of involuntary alienation is known as title by "adverse possession." This situation arises where the record owner of the property has failed to keep possession and the property has been seized adversely by another. The elements for a title by adverse possession differ in the various States but in general are as follows:
1. The possession of the claimant must be open and notorious.
2. It must be hostile to and to the exclusion of the true owner.
3. The possession must be under a claim of title.
4. Possession must continue uninterruptedly for at least twenty years.
If the claimant can prove all of the above elements he has a good title to the property and all the rights of the record owner cease. It is, however, exceedingly dangerous to purchase property from one whose sole claim of ownership is based on adverse possession. This is for the reason that a title running through a chain of deeds is perpetuated on the records; while a title by adverse possession depends for its validity upon the above elements, no proof of which appears of record, consequently if the person or persons who know the facts concerning the adverse possession die, it is no longer possible to prove the elements. No one should acquire title from an adverse possessor except upon competent legal advice.
 
Continue to: