Acquiring Rights / Adverse Possession

Question 1

Elements of Adverse Possession

Answer 1

ROACH

Running of the Statute
Open & Notorious
Actual & Exclusive Possession 
Continuous Possession
Hostile Possession

Question 2

Running of the statue

Answer 2

i. Period varies by jurisdiction
ii. Starts when claimant begins adverse possession
iii. Disabilities can toll the statute

Question 3

Open & Notorious

Answer 3

i. True owner had every reason to know someone else was in possession
ii. Not secretive
iii. Generally Known

Question 4

Actual & Exclusive

Answer 4

Exclusive
1. Can’t be communal nor shared w/ True Owner

Actual Possession

1. Intensity of use – “average” degree of use
2. Area of use – applies to occupied land & land under color of title

Question 5

Continuous Possession

Answer 5

i. No break in ownership
ii. Abandonment ends the cycle
iii. Tacking is allowed under certain circumstances

Question 6

Hostile Possession

Answer 6

i. Hostile = adverse = claim of right = claim of title
ii. Permission voids hostility
iii. Voluntary arrangements can turn hostile

Question 7

Color of Title

Answer 7

a. Good faith level of hostility
b. Enter w/ written instrument
c. Actually possess SOME of what was in written instrument
d. Constructive Adverse Possession

Question 8

Maine Doctrine

Answer 8

a. Common Law Rule

b. Minority View

Question 9

Connecticut Doctrine

Answer 9

a. Majority View

b. Objective View

Question 10

Disabilities

Answer 10

3 I’s

Infancy
Insanity
Incarceration

• After Statute of Limitations, add 5 years for removal of disability
• Must exist at time of cause of action

Question 11

Equitable Doctrines

Answer 11

Agreed Boundaries
Acquiescence
Estoppel