Adverse Possession
Name the five elements of adverse possession.
Actual, open & notorious, exclusive, hostile, and continuous.
Tacking requires this type of relationship between successive possessors.
Privity
Disabilities must exist at this moment to toll the statute.
When the cause of action accrues (when possession begins).
Color of title exists when a claimant holds this kind of instrument.
A defective or invalid written instrument purporting to convey title.
This term describes a small, unintended intrusion—like a few inches—across a property line.
boundary encroachment
This element requires that possession be visible enough to put the true owner on notice.
Open and notorious possession.
This required element of adverse possession—showing that each possessor treated the land as their own—must be present for tacking to apply.
hostile/claim-of-right possession
Name 3 statutory disabilities commonly recognized.
Minority, insanity, incarceration
Color of title often reduces the required statutory period because it promotes this policy goal.
Settlement and stability of land titles.
Good-faith improvers who mistakenly cross a boundary may receive this equitable remedy.
Compensatory or forced-sale remedies.
“Hostility” does not require this mental state.
A subjective intent to dispossess; objective actions suffice.
This event breaks the ability to tack, even if each possessor individually meets all other adverse-possession elements.
an interruption by the true owner
A disability arising after adverse possession begins has this effect.
None — it does not toll.
This doctrine lets a possessor claim the whole described parcel, not just the part physically occupied.
constructive possession under color of title
This doctrine lets courts adjust boundaries based on long-standing occupation and acquiescence.
Boundary by acquiescence.
This element requires use consistent with how a true owner would use the land.
Actual possession (ordinary use).
If an adverse possessor conveys only part of the property, tacking applies only to this area.
The portion actually conveyed.
When multiple disabilities exist at the start, tolling lasts until this.
Until the first disability ends.
Color of title fails entirely if this is missing in the written instrument.
description of the land
Encroachment remedies strongly depend on whether the improver acted with this.
Good faith
Seasonal or intermittent use may still satisfy this element when appropriate for the property type.
Continuous possession.
Tacking is permitted even when the first possessor began under this kind of boundary error.
good-faith boundary mistake
A disability cannot be tacked to this.
A successive disability.
Color of title shortens this statutory requirement in many jurisdictions.
statute of limitations period
Courts may refuse to order removal of an encroachment if the hardship to the improver is greatly disproportionate — known as this doctrine.
Relative hardship doctrine