Tacking
Legal Definition and Related Resources of Tacking
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Tacking
The doctrine of tacking in mortgages originated in the English Courts of chancery and was stated thus in Morrit v Paske, 26 E.R. 429: where there is a prior mortgagee who has a puisne encumbrance , a second mortgagee shall not redeem the prior without redeeming the puisne at the same time, and the reason is, because the legal estate is in the first mortgagee and the court will not take away that benefit from him, provided he had no notice of the second when he bought in or took the puisne one. One of the essential elements of this doctrine is the lack of notice on the part of the prior mortgagee of the intervening mortgage. However, by reason of the registry laws of the United States , this doctrine is no longer in application. In the context of adverse possession the doctrine permits one claiming title by adverse possession to add his period of possession to that of a prior adverse possessor or possessors in order to establish continuous possession for the statutory period. See Cheatham v Vanderwey, 499 P.2d 986, 18 Ariz.App. 35. To invoke this doctrine, there must be privity , between adverse possessors. In interstate transportation of freight , tacking occurs when the same carrier combines two of its own certificates of authority so as to make a continuous shipment over routes granted by each certificate. See I. C. C. v Crouch Freight Systems Inc., (C.A.Okl.) 577 F.2d 679.
Tacking Alternative Definition
Of Securities. The union of securities given at different times, so as to prevent any intermediate purchaser's claiming title to redeem or otherwise discharge one lien, which is prior, without redeemin:g or discharging other liens, also which are subsequent, to his own title. Jeremy, Eq. Jur. bk. 1, c. 2, § 1, pp. 188-191; 1 Story, Eq. Jur. § 412. The doctrine is not recognized in the United States. 37 Vt. 345. Of Possession. The connecting of successive possessions by persons in privity, so as to make a continuous adverse possession. 80 Hun (N. Y.) 287.
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Concept of Tacking in the context of Real Property
Alternatives definitions of Tacking: (1) Annexing a lien to one superior to it in order to gain the priority of the superior lien and defeat an intermediate lien. Generally not allowed. (2) Annexing periods of possession to add up to enough time for successful adverse possession. For example: A begins adverse possession. A dies and A's son takes up possession, adding A's time to his own. Not always allowed.
Concept of Tacking in the context of Real Property
Alternatives definitions of Tacking: (1) Annexing a lien to one superior to it in order to gain the priority of the superior lien and defeat an intermediate lien. Generally not allowed. (2) Annexing periods of possession to add up to enough time for successful adverse possession. For example: A begins adverse possession. A dies and A's son takes up possession, adding A's time to his own. Not always allowed.