Adverse Possession of Art

Abstract

Some cases and commentators have argued that the doctrine of adverse possession, which gives title to a long-term possessor of property, should not be applied to personal property, especially art. This Article concludes that it is impossible to determine whether adverse possession applies to personalty in California. It then looks at the doctrine, policy, and practicalities of the statute of limitations, laches, and adverse possession, focusing on the practical effect of the increased cost of litigation. It concludes that most objections to applying adverse possession to personalty are, in fact, objections to barring the claiming owner through the statute of limitations. As a theoretical matter, once suit is barred by the statute of limitations, the application of adverse possession is appropriate, but adverse possession seems less important to successful litigants for personal property than it does for realty because there are few effective gatekeepers for personalty.