Acquisiton by Adverse Possession Flashcards
Under adverse possession, what is running of the statute?
Actual entry where adverse possession depends on a statute of limitations running against a cause of action, and the entry creates that cause of action–for trespass–and thereby triggers the statute
Under adverse possession, what is open and notorious?
The trespasser must “act like an owner” when occupying the property, and their actions must be obvious to any observer (the real owner has to have some clue that you are there; sneaking in/out would not be considered adverse possession)
Under adverse possession, what is active and exclusive?
Active means actual possession; trespasser is actively using the property the same way an owner would.
Exclusive means the trespasser does not share control of the property, and excludes others from possession acting as if they were the actual owner, exercising their right to exclude
Under adverse possession what is continuous possession?
Trespass must be uninterrupted for the entire duration of the running of the statute (seasonal exceptions may apply; “typical use”
Under adverse possession, what is hostile?
Means the occupation of the property infringes the rights of the true owner
Under acquisition by gift, what is intent?
The donor must intend to give the irrevocable gift
Under acquisition by gift, what is delivery?
The donor must transfer possession to the donee with the manifested intention to make the gift (Actual, Constructive, or Symbolic)
What is manual/actual delivery?
Occurs when the donor physically transfers possession of the object to the donee (Handing over the physical gift)
What is symbolic delivery?
Occurs when the donor physically transfers to the donee an object that represents or symbolizes the subject matter of the gift (a deed to property or pink slip to car)
Under acquisition by gift, what is acceptance?
Acceptance is presumed. Generally, specific rejection is required
