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I would say generally, no. Most statutes require "actual" rather than "constructive" possession. You may want to re-submit with your specific state in the question.

In California, it turns out, possession may be through your tenant. We just won our case and gained title through adverse possession where our tenant has occupied the property for the past 10 years. Case law establishes that occupancy by a tenant of the "adverse possessor" has the same legal force and effect as the occupancy by the person claiming by adverse possession. Kellogg v. Huffman (1934) 137 Cal. App. 278,284.

Congratulations! As I indicated, statutes are state specific. While you are on the "left" coast, I am on the "right" coast where things tend to be interpreted more conservatively. Thank you for the updated response.

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15y ago

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