Adverse Posesssion

Question 1

What are the elements of adverse possession?

Answer 1

OCEAN H
open - not secretive, ex hiding out in a bush
continuous - there for certain amount
exclusive - youre excluding others, making it your own
actual - acting like an actual owner , had to actually be there
notorious - owner knows or should have known that you’re there

H- Hostile - the character of my
possession of your property is incompatible with the notion that
you have the right to possess the property, that is adverse in hos-
tile.

Question 2

What is color of title?

Answer 2

Title to real property that has the appearance of providing valid title to that property but that, in reality, is invalid because, for instance, the transferor did not hold actual title or there is a significant defect in the written documents

Question 3

What are the three types of hostility approaches?

Answer 3

1. Majority/Objective approach - you are possesing it like a true owner in a way that is not compatible with the owner, and was not allowed by the owner alongside OCEAN, doesnt matter what the mindset is in OBJECTIVE APPROACH… you are ACTING like an OWNER ….
2. Bad Faith Standard - ex. new york: you must know its not yours, but you WANT it to be yours. ex squatters in an abandoned house - want to encourage use of land where owner doesnt care/doesnt show up
3. Good Faith - requires the idea that you must THINK its yours, ex boundary encroachment example, forgives mistake maker because owner didnt catch it , rewards mistake maker at the expense of the guy that wasnt paying attention

Question 4

What is tacking?

Answer 4

The joining of consecutive periods by two adverse possessors in computing the prescription time period.
Tacking is permitted if there is privity: some type of transfer of the user’s rights from one person to the next;
i.e. consensual transfers of possession in the context of adverse possession

Question 5

How is adverse posession for art different?

Answer 5

Adverse Posession of physical art
* prescription period to all legal claims
* after a period of time theres clean title
* art is different…..starts when owner finds it or finds out where it is or should have found it /known
◦ then the 10 year period starts

Question 6

What is the purpose of adverse possesion?

Answer 6

1. encourages market economy
2. legal certainty - clean title

Question 7

Difference between adverse possession and easements?

Answer 7

prescriptive easement: if someone over time has right to do something on your land
adverse possession: if someone has right completely to your land

Question 8

What is privity?

Answer 8

A legal relationship created between two parties that allows one to proceed against the other in court - either through contract law (breach of contract) or property law (relationship created between two parties pertaining to property where rights were given from one party to another)

Question 9

What is inverse condemnation?

Answer 9

A legal concept that entitles property owners to just compensation if their property is damaged by a public use. This liability rule applies to all government agencies, as well as utilities.
ex. plane flying over the apartment building

Question 10

Does hostile have to be hostile?

Answer 10

No, as long as your use of the land does not match up the real use of the property
explain: neighbor in seattle who let her neighbor use her land … deporter said thats not hostile?

Question 11

What is an injunction?

Answer 11

A court order that requires a party to do or stop doing a specific action. Injunctions are used as a remedy when monetary compensation is not enough or is not appropriate.