General Topics
Adverse possession is about who has...
Valid title!
GOOD TITLE to a piece of property.
*Until the person acquires good title, the person is considered a trespasser.
The element of 'continuous' is not literal. It just means...
some kind of consistent use of the property being possessed.
*even if it is seasonal or infrequent, this can be considered consistent if it is at lease consistent -> farmland/vacation home
Possession is Open and Notorious when...
Acts are visible
Unconcealed such that a reasonably diligent owner would notice
Hostile means the possession must be ______ to the owner's interest.
Adverse!
*it is a claim of competing title
Definition of Exclusivity
When AP is the only person during the statutory period exercising dominion and control over the property
What is constructive adverse possession?
Adverse possessor enters under 'color of title' from an INVALID instrument (maybe a fraudulent deed), and occupies a PORTION of the property described in the instrument.
*The adverse possessor is in actual possession of the OCCUPIED land and in constructive possession of the remaining land described in the deed.
The theory of adverse possession is that it has to be...
CONTINUOUS!
*continuous from the entry point to the end point
Elements v. Factors: What's the difference?
Elements: All items are essential to making a claim or defense
Factors: A component that is weighed to determine if a rule is satisfied (all items do not have to be met)
One way to tell if the persons use was 'Open and Notorious' would be to look to the neighbors and ask...
"Did the neighbors think the person was the true owner?"
A true owner can "interrupt" the adverse possession period by ejecting the adverse possessor. This will stop the adverse possession clock. True or False?
True!
No!
*My friends use is permissive (it would turn hostile when I tell my friend to leave and he refuses)
Exclusive: An adverse possessor cannot share possession with...
the true owner!
Constructive Possession Elements
If
AP enters with color of title,
AP actually possesses a portion of the property,
AP is acting in good faith, and
The property described in the document is not actually possessed by someone else,
THEN
AP can claim all land described in the instrument under the constructive possession exception
Any passing of rights between adverse possessors is called by this name...
privity
When a person acquires title by adverse possession, the new title relates back to...
the DATE of the person's entry onto the property.
*there is no transfer of title from the former owner
What are (2) rationales for the doctrine of adverse possession?
- punish the true owner for "sleeping" on their rights; and
-reward the adverse possessor by acquiring good title.
An adverse possessor's use must be OPEN AND NOTORIOUS. Meaning, the use by the adverse possessor is such that it would put the true owner on ______ of the adverse use!
NOTICE!
*The use cannot be hidden; the trespasser must use the property as if she were the true owner. (cannot only use the field at night and wear a corn hat to disguise yourself)
Re. the element of 'Hostile': The majority rule does NOT care about the adverse possessor's...
State of mind!
*the minority rule DOES care about the state of mind
If (2) people possess the property together, can they both acquire title by adverse possession?
YES!
*They would acquire title as tenants in common! (baseline)
Ex. A fraudulent deed states a buyer purchases all (10) acres of a piece of property. When the tenant moves onto the property, she only occupies (1) acre. Here the tenant entered under...
Color of title and occupied (1) acre and was in actual possession in that ONE acre.
*But because 10 acres are described in the deed, the tenant is is in constructive possession of the remaining 9 acres.
If someone adversely possesses a property where the true owner has a disability, it can only count when said disability was present when...
At the time adverse possession began!
What are the elements of adverse possession?
POSSESSION must be OPEN and notorious, ACTUAL, CONTINUOUS, HOSTILE, and EXCLUSIVE for the REQUIRED period of time
Re. Tacking: if the adverse possessor cannot satisfy the continuity requirement on their own, they can tack on a PREVIOUS ADVERSE POSSESSOR'S time on the property to satisfy the statute of limitations. True or False?
True!
*To tack the time of adverse possession of a PRIOR ADVERSE POSSESSOR, the current adverse possessor must be in PRIVITY with the prior adverse possessor (some kind of exchange between the two)
Can an adverse possessor share possession with a TRUE OWNER?
NO!
In a good faith jurisdiction, the adverse possessor's claim is HOSTILE if she thinks the land is unowned or...
that she is the rightful owner!
*this is adverse possession based on mistake (minority rule)
In most jurisdictions, the adverse possessor's state of mind is...
NOT considered!
Person 1 crosses someone Person 2's land for 10 years and the statute of limitations is 10 years. P1 likely acquired the right to cross the land through a(n)....
Easement!
An easement is a legal right that allows a person or entity to use another person's land for a specific purpose, without owning the land.
Adverse possession generally traces the legal boundaries of the property. True or False?
True!
*You do not have to stand on a certain part to claim adverse possession; you will get all of it.
Can property owned by the government be adversely possessed?
NO!
The statute of limitations will not run against a TRUE OWNER who has a disability at the time of adverse possession (maybe the true owner is a child/in prison/mentally incompetent). True or False?
TRUE!
*A true owner can "interrupt" the adverse possession period by ejecting the adverse possessor. This will stop the adverse possession clock.
The late Christopher George Latore Wallace is better known by what stage name?
The Notorious B.I.G.
This is true of an adverse possessor in a bad-faith jurisdiction...
Adverse possessor knows that land is NOT hers and she tries to acquire title to the property by adverse possession.
DOUBLE JEOPARDY!
In Lilly v. Lynch, Lilly and her predecessors had allowed her neighbor to use a boat ramp that everyone assumed was located on Lilly’s parcel (in reality, it was located on the neighbor’s parcel). The court held that Lilly’s possession was sufficiently exclusive, noting that the neighbor’s use of the boat ramp was with Lilly’s permission and was the sort of neighborly accommodation we would expect from good neighbors.
1. What if the neighbor had simply stored his boat on the ramp every day for 20 years, and consequently Lilly could not use the ramp?
Lilly’s possession is less likely to be seen as exclusive. The neighbor is now using the ramp to the point that the neighbor is exercising more dominion and control over the property more than Lilly.
Amy gave Brad a deed to Amy’s farm. Amy then gave Charlie a similar deed to the same farm. Brad started to cut timber on the farm. Charlie moved into the Farmhouse and farmed the fields. Both Brad and Charlie continued in this manner for the limitations period. Charlie then sued Amy and Brad for adverse possession of the land described in the deed from Amy. What result and why?
B. Charlie adversely possessed the farmland but not the entire property described in his deed