In the conception of adverse possession there is an essential and basic difference between a case in which the other party is put in possession of property by an outright transfer, both parties stipulating for a total divestiture of all rights of transfer in the property, and in case in which there is a mere executors agreement of transfer both parties contemplating as deed of transfer to be executed at a later point of time. In the latter case the principle of estoppel applies estopping the transferee from contending that his possession, while the contract remained executory in stage, was in his own right and adversely against the transferor. Adverse possession implies that it commenced in wrong and is maintained against right. When the commencement and continuance of possession is legal and proper, referable to a contract, it cannot be adverse. In the case of an executor contract. the possession of the transferee until the date of registration of conveyance is permissive or derivate and in law is deemed to be on behalf of the owner himself....
less
