Adverse Posession

Question 1

What is the rule to acquire adverse possession?

Answer 1

C O A H: the occupation must be:

Continuous

Open and Notorious

Actual/Exclusive

Hostile (no consent)

Question 2

To acquire adverse possession, does it matter that the possessor thought they were using their own land?

Answer 2

No, the possessor’s state of mind is irrelevant

Question 3

For adverse possession, what is the rule about “tacking?”

Answer 3

No tacking, unless there was PRIVITY between the parties

Question 4

Disability if the landowner means that the statute of limitations will not run. What disabilities counts for the purpose of adverse possession?

Answer 4

Insanity
Infancy
Imprisonment