3. Adverse Possession

Question 1

What are the requirements for Adverse Possession?

Answer 1

COAH

1) Continuous possession
- Statutory period
- Same/different persons
- Constant/NOT constant use
- Runs AFTER Holder of Entry asserts right of entry!!!

2) Open and notorious possession
- Of the kind Owner would make under the circumstances
- NO blocking!!!

3) Actual possession
- Exclusive land, NO shared use with others (unlike Easement by Prescription)!!!
- Proper title (Original Owner was actually entitled to ownership)!!!

4) Hostile possession
- Subject state of mind NOT relevant
- NO consent

Question 2

Can Adverse Possessor tack onto his time?

Answer 2

Yes

• Adverse Possessor + Predecessor must have privity
• Privity: Contract/Will/Deed
• UNLESS ousting

Question 3

What if Owner had disability before adverse possession?

Answer 3

Statute of Limitations will NOT run against Owner

Disability includes

• Infancy
• Insanity
• Imprisonment

Question 4

When does Adverse Possessor take title free of covenants?

Answer 4

1) Adverse possession

2) Violation of covenant
- Within limitations period