Acquisition by Adverse Possession

Question 1

Adverse Possession

Answer 1

If, within the number of years specified in the state statute of limitations, the owner of the land does not take legal action to eject a possessor who claims adversely to the owner, the owner is thereafter barred from bringing an action in ejectment. The adverse possessor has title to the land.

Question 2

Recording titles w Adverse Possession

Answer 2

Cannot be recorded in the courthouse because it does not arise out of a recordable document but rather out of a operation of the law. If adverse possessor wants to have his title and name as owner recorded at courthouse, he must file a quiet title action.

Question 3

Requirements of AP (POCEAN)

Answer 3

Possession
Open 
Continuous
Exclusive 
Adverse 
Notorious

Question 4

Possession (POCEAN)

Answer 4

Did person do enough to possess. Is adverse possessor using property like it were the true owner.

Question 5

Open (POCEAN)

Answer 5

Has to be obvious. The true owner could have constructively known (should have
known) about it if he had walked the land. Would the true owner have seen AP if he walked the land?

Question 6

Continuous (POCEAN)

Answer 6

Continuous for statutory term. What would a true owner do? How continuously would he possess land (within context – summer house, ice hut, etc)

Question 7

Exclusive (POCEAN)

Answer 7

Doesn’t mean the only one, just means that the intruder is the
one granting permission to other people – acting as a
gatekeeper. Is the AP possessing land in a way that excludes other
possessors like a TO would?

Question 8

Adverse (POCEAN)

Answer 8

Has to be against true owners wishes. Is the AP using land in opposition to true owner?

Question 9

Notorious (POCEAN)

Answer 9

Same as open.