Legal Definitions - tacking

Tacking refers to a legal principle with two distinct applications, primarily concerning property rights and lien priority.

1. Combining Periods of Possession (Adverse Possession)

In the context of property law, tacking allows different individuals who have successively occupied a piece of land without the owner's permission to combine their individual periods of possession. This is done to meet the total time required by law (the "statutory period") to claim ownership through adverse possession. For tacking to apply, the periods of possession must be continuous and directly linked, often through a transfer of the possessory interest from one person to the next, even if that transfer is informal.

• Example 1: Neighborly Land Use
  Imagine a small strip of land between two houses, legally belonging to House A, but consistently used by the residents of House B as part of their garden. The first owner of House B, Mrs. Smith, tends the garden on this strip for eight years. When she sells House B to Mr. Jones, she points out the garden extension, and Mr. Jones continues to use and maintain the strip for another seven years. If the state's statutory period for adverse possession is 15 years, Mr. Jones can "tack" his seven years onto Mrs. Smith's eight years, totaling 15 years of continuous, adverse possession. This combined period would allow Mr. Jones to potentially claim legal ownership of the strip, even though neither he nor Mrs. Smith individually met the 15-year requirement.
• Example 2: Farm Boundary Dispute
  A farmer, Mr. Davis, mistakenly fences in and cultivates a five-acre parcel of his neighbor's land for 10 years, believing it to be his own. When Mr. Davis sells his farm to Ms. Chen, he includes the mistakenly fenced parcel in the sale, describing it as part of the farm. Ms. Chen continues to farm the five-acre parcel for another 12 years. If the state's adverse possession period is 20 years, Ms. Chen can "tack" her 12 years onto Mr. Davis's 10 years. This combined 22-year period of continuous, adverse use would exceed the statutory requirement, potentially allowing Ms. Chen to establish legal ownership of the five acres.

2. Combining Liens for Priority

In the context of financial liens, tacking refers to a situation where a creditor holding a junior (later-filed) lien acquires a senior (earlier-filed) lien on the same property. By doing so, the junior lienholder can "tack" their junior lien onto the senior one, effectively moving their junior lien's priority ahead of any other liens that were filed between the original senior lien and their original junior lien. This strategy is used to improve the junior lien's position in the event of a foreclosure or sale of the property, ensuring it gets paid before other intermediate creditors.

• Example 1: Mortgage Priority
  A homeowner has a first mortgage with Bank A, a second mortgage with Bank B, and a third mortgage with Bank C. If Bank C later purchases the first mortgage from Bank A, Bank C can "tack" its original third mortgage onto the newly acquired first mortgage. This means Bank C's original third mortgage would now effectively have priority over Bank B's second mortgage, as it is now associated with the earliest-filed lien. If the property were to be foreclosed, Bank C would be paid for both its first and third mortgage claims before Bank B receives anything.
• Example 2: Construction Liens
  A property owner hires Contractor A for foundation work, Contractor B for framing, and Contractor C for roofing. Contractor A files a mechanic's lien first, then Contractor B files one, and finally Contractor C files one. If Contractor C later buys out Contractor A's lien claim, Contractor C can "tack" their roofing lien onto Contractor A's original foundation lien. This would give Contractor C priority for both claims over Contractor B's framing lien, meaning Contractor C would be paid for both the foundation and roofing work before Contractor B receives payment from the property's sale proceeds.