5) AP

Question 1

adverse possession: elements (6)

Answer 1

1) actual 2) exclusive 3) open and otorious 4) averse or hostile under color of title or claim of right 5) continuous 6) for the statutory period

Question 2

AP: continuous

Answer 2

continuous use as a regular owner would (dnh to be there every day). –distinct from statutory period

Question 3

extent of land you get (AP

Answer 3

color of title: full amount in deed claim of right: just what you were actually using

Question 4

ways to raise AP in lawsuit (2)

Answer 4

as D: defense to ejection suit as P: affirmiatve case to quiet title

Question 5

F: P bought land 30 yrs ago from parents in law, but only one of them signed deed, both supposed to H: P keeps the land–lack of signature dnm deed insufficient for color of title. . Physical descritption of land suficient.

Answer 5

Romero v. Garcia

Question 6

AP: adverse or hostile: state of mind

Answer 6

Westmoreland has objective test, just need possession. Minority rule – subjective test

Question 7

AP: exclusive

Answer 7

exclusive OF THE OWNER (no permission of owner) –NOT: no one else can ever enter it

Question 8

AP: special rule re gvt

Answer 8

can’t AP vs gvt

Question 9

F: native Alaskans took over recreational land by building small improvements every other summer H: meets elements of AP use – quality/quantity of acts required depends on character of land in question (rural so less) hostile–objective test N: only got land they were actually using (COR) anthropologist testified that couldn’t own it

Answer 9

Nome 2000 v. Fagerstrom

Question 10

Brown v. Gobble

Answer 10

F: 2 feet of P’s property is on D’s side of fence. H: AP is found bc meets 6 elements. Objective perspective re adverse/hositle

Question 11

AP: color of title: def

Answer 11

you thought you had title but there was a defect in the title

Question 12

AP: color of title: result

Answer 12

you get the WHOLE AREA of land defined in the title as “constructive possession” (contrast: CoR have to show you were acutally using whole area) –time must AP is shorter

Question 13

AP: statutory period

Answer 13

W: 15 years for COR or 10 years for COT

Question 14

rship btwn AP and trespass

Answer 14

AP turns T.ers into owners. (T can ripen into AP if you dn sue to eject)

Question 15

AP: tacking: exception

Answer 15

per Gobble court, if first owner had it for statutory timeframe dnh to tack bc it passes to next owner as already part of parcel)

Question 16

AP: adverse or hostile: state of mind: minority rule tests (2)

Answer 16

1) intentional dispossession: only have a claim if AP’er knew land wasn’t theirs and still tried to take vs opposite 2) good faith – AP’er must show acting in good faith

Question 17

AP: adverse or hostile (3)

Answer 17

nonpermissive from owner –presumption of nonpermission if you’re possessing –W: no SoM requirement (so dn require hostile intent/attitude)

Question 18

AP: statutory period: tolling: “from when COA first accrues”

Answer 18

from when circumstances that led to the lawsuit began. (so which was first? the AP or the tolling condition?)

Question 19

F: 2 feet of P’s property is on D’s side of fence. H: AP is found bc meets 6 elements. Objective perspective re adverse/hositle

Answer 19

Brown v. Gobble

Question 20

AP: statutory period: tacking

Answer 20

–allowed in W –can add up time you (or your predecessor) were AP’ing under various owners –2 parties must be in privity

Question 21

AP: claim of right

Answer 21

you just establish yourself and dnh color of title

Question 22

AP: adverse or hostile: nonpermission – exception

Answer 22

exception to the PRESUMED non-permission: permission given at some point in the past, continues until revoked

Question 23

AP: actual

Answer 23

actually using the land –dnh to be constant, just how a true owner would –ex. fence, sig activities

Question 24

Romero v. Garcia

Answer 24

F: P bought land 30 yrs ago from parents in law, but only one of them signed deed, both supposed to H: P keeps the land–lack of signature dnm deed insufficient for color of title. . Physical descritption of land suficient.

Question 25

AP: open and notorious

Answer 25

–puts reasonable owner on notice that property being occupied –DN require actual notice

Question 26

if AP doesn’t work out: other ways to get property from someone in a boundary dispute

Answer 26

–oral agreement –acquiesence –estoppel –laches

Question 27

AP: extra element

Answer 27

paying property taxes (NOT W.)

Question 28

AP: stattuory period: tolling: factors (5)

Answer 28

1) infancy 2) insanity 3) incompetence 4) imprisonment 5) absence from state

Question 29

adverse possession: standard of proof (W)

Answer 29

clear and convincing evidence

Question 30

Nome 2000 v. Fagerstrom

Answer 30

F: native Alaskans took over recreational land by building small improvements every other summer H: meets elements of AP use – quality/quantity of acts required depends on character of land in question (rural so less) hostile–objective test N: only got land they were actually using (COR) anthropologist testified that couldn’t own it