Does adverse possession qualify as a “direct conveyance” in satisfaction of Restatement of Property sec. 547?
Rational b. Easements have their origin in conveyance or in adverse use. They constitute, when created, property interests. These property interests may be so created as to be appurtenant to the property interests in certain land already had by the one in whose favor the easement was created. If so, they become assimilated to those rights which go to make up the possession of the land to which the easement becomes appurtenant. Having become so assimilated, they thereafter accompany the possession and until intentionally severed therefrom, they become a part of all subsequently existing possessory rights. *** This is true without regard to whether these rights arise by succession to or adversely to the predecessor in possession of the land. *** Whatever produces a succession in the possession of the land produces a succession to the benefits created by the easement (see ยง 487, Comments a and e). Therefore, yes, it does.
