Acquistion by Adverse Possession Flashcards
Adverse Possession
CANOES
Poessession must be:
1) Continous for statutory period
2) Adverse under hostility or claim or right
(maine doctrine, connecticut doctrine, . good faith requirement)
3) Notorious
4) Open
5) Entry into possession
6)
Maine Doctrine
Bad faith requirement, person seeking adverse possession must show that he knew that he did not own the land
Connecticut Doctrine
No State of mind requirement other than that showin by an assertion through words or deeds of an exclusive right to possession (modernly this what most states use)
Good Faith requirement
Some jurisdictions require a person seeking AP to show that he beleived in good faith that he owned the land
Color of title
it is a piece of paper showing title to a particular lot or property that is false
1) Adverse possessor will have constructive posession of all named in title, whether he possess or used it
2) Unless the lot described in the title turns out to be more than one lot and you entered on some of the true owners land
Doctrine of agreed boundries
If there is uncertainty as to the true owners boundry line, oral agreement to settle the matter is enforceable if the neighbors accepted it for a long period of time
Doctrine of Acquiesence
long acquiescence, even if short than SOL for AP is evidence of an agreement between the parties fixing the boundry line
Doctrine of estoppel
When one neighbor remains silent in the face of expenditures by another that suggests the neighbor’s understanding of the boundry location, he cannot later reclaim that land
AP of Chattel
1) Law presumes sol starts to run when chattel is stolen, unless victim can prove otherwise
2) absent fraud or concealment, SOL starts to run when victim knows or should have known through the exercise of due diligence when the property was stolen and who is in possession
