12. Titles Flashcards
What are the five requirements for Adverse Possession?
- maintain open, visible, and notorious possession;
- have actual physical possession or occupancy of the land;
- Exclude others from possession;
- have “hostile” possession(be there without permission); and
- maintain that possession continuously and without interruption.
What does Actual Possession of a Property signify?
It gives notice to the world at large and the property owner that someone is physically possessing the premises.
What is Constructive Adverse Possession?
- Color of title
- Actual possession of at least a significant part of the premises
What does Color of Title refer to?
It refers to something in the adverse possessor’s title that is incorrect or faulty yet indicates ownership of the property.
If a possessor proves Constructive Adverse Possession, how much land do they get?
The whole property as described in the deed/color of title.
What happens if land is divided into two or more lots in a constructive possession case?
Constructive possession extends only to the lot that the possessor actually occupies.
What happens if a third person is in possession of part of the premises in a constructive possession case?
constructive possession will not extend to the portion the third party possesses.
How is a person considered Hostile on the land?
By holding the premises in a manner inconsistent with the rights of the owner.
Under the majority rule, how is hostility judged?
Objectively; the possessor’s state of mind is irrelevant.
Under the minority rule, what must a possessor demonstrate regarding hostility?
The possessor must act in good faith and believe the land is theirs.
What are Mistaken Boundaries in Adverse Possession Cases?
A building on one parcel encroaching slightly on the adjoining parcel, often without the adjoining owner’s knowledge.
What is the Objective Majority/’Maine’ view for mistaken boundaries?
Possession is hostile as long as the possessor intends to claim the land, even if unsure of the boundary.
What is the Subjective Minority/’Connecticut’ view for mistaken boundaries?
The possessor must know that they have crossed over the boundary.
What are three additional methods to deal with Boundary Disputes?
- Oral agreement
- Long acquiescence
- Reliance on one party’s words or acts
How does a possessor show their possession was Continuous?
By possessing the property continuously for the statutory period.
Can a possessor satisfy the Continuous element without being on the property every day?
Yes, in some cases.
Can Seasonal Use of a Property satisfy the Continuous Element?
Yes, if that use constitutes the best use of the property.
What is Tacking in adverse possession?
The ability to add possession time from a previous adverse possessor to satisfy the statutory period.
When is Tacking allowed?
There must be an intentional transfer from one adverse possessor to another.
What happens if ownership of the property changes hands during adverse possession?
Adverse possession continues uninterrupted against the subsequent owner if the two owners are in privity of the estate.
What is Tolling?
The statute of limitations will not run/suspend for a period of time.
When does Tolling occur?
A disability (e.g., minor age, incompetence, imprisonment) tolls the statute of limitations if it exists at the time adverse possession starts.
What happens if the adverse possessor’s possession is in effect before the disability occurs?
The statutory period continues to run despite the period of disability.
When does the Adverse Possession period begin to run with a disabled possessor?
Once the disability ends.
When is Tolling not allowed?
If the disability arises after the adverse possession has begun.
What does an adverse possessor acquire title of a property?
Only what the current possessory estate owner has in terms of title.
What are the two remedies of a True Owner against a wrongful possessor?
- Legal remedies
- Equitable remedies
What is the True Owner’s Legal Remedy for a wrongful possessor?
The party wrongfully in possession must pay the fair market value of the property.
What is the True Owner’s Equitable Remedy for a wrongful possessor?
A mandatory injunction to eject the adverse possessor.
What rights does an Adverse Possessor have when the adverse possession begins?
Considered the owner against the entire world except the true owner.
What rights does an Adverse Possessor have once the Statute of Limitations runs?
The adverse possessor is the true owner as of the date of entry.
What are the three requirements for a Deed?
- Donative intent
- Delivery
- Acceptance
Does the validity of the conveyance of land depend upon consideration being paid?
No, evidence related to consideration is irrelevant.
What is Donative Intent?
The grantor must intend to transfer an interest immediately to the grantee.
What if the grantor intends the deed to take effect only on their death?
Formalities must be observed.
What is Delivery of a Deed?
The grantor relinquishes all control over the instrument as an effective transfer of title.
What are three scenarios where a presumption of delivery exists?
- Deed found in the grantee’s possession
- Deed properly executed and recorded
- Deed contains an attestation clause
Does handing a deed to the grantor’s agent constitute valid delivery?
No, valid delivery occurs when the agent delivers the deed to the grantee.
What are three ways to show insufficient delivery by Grantor?
- Grantor did not intend a present transfer
- Grantor retains the deed
- Agent doesn’t deliver the deed to the grantee
What is the Doctrine of Relation Back?
A grantor’s giving a deed to an escrow agent constitutes valid delivery if the grantor relinquishes control.
