Adv Pos and Nuisance Flashcards
Elements of adverse possession
- actual possession
- open and notorious
- exclusive
- continuous
- for the statutory period
- adverse of hostile
actual possession - adv pos
physically occupying the property
ex. building, planting, harvesting
open and notorious - adv pos
sufficiently visible and obvious to put a reasonable owner on notice that their property is being occupied by a non owner
exclusive - adv pos
type of use is expected of only a true owner - possession may not be shared with true owner
continuous - adv pos
Adverse possessors must exercise control over the property in the ways customarily pursued by owners of that type of property. (ex. a summer cabin continuously occupied every summer)
Tacking: succeeding periods of possession by different persons may be added together
Privity: meaning the original adverse possessor purported to transfer title to the property to the successor.
for the statutory period - adv pos
All the elements have to be met for the length of time as the statutory period is. Can vary widely from jurisdiction to jurisdiction.
adverse and hostile 3 approaches - ad pos
Objective- State of mind of the adverse possessor does not matter
Good Faith- adverse occupier entered with the good faith belief that they owned it
Intentional (Bad Faith) - occupier proceeded in bad faith, that they knew they were not the owner of the property.
elements of nuisance law
- excessive and continuous
- substantial and unreasonable interferences
how to determine substantial and unreasonable interference (6)
- Utility of defendant’s conduct
- Gravity of harm
- Suitability of the area
- Priority of use
- Cost of avoiding the harm to the plaintiff and defendant
- Practicability of abating the nuisance
defenses to nuisance law
- Unreasonable sensitivity - objective standard (complete defense)
- “Coming to the nuisance” (partial defense )
