Adverse Possesion

Question 0

Elements of Adverse Possession:

Answer 0

1) Actual Entry
2) Exclusive Possession
3) Open and Notorious
4) Adverse and Hostile under Claim of Right
5) The 4 above elements are maintained and “Continuous for the Statutory Period”

Question 1

Define: Adverse Possession

Answer 1

The doctrine by which title to real property is acquired as a result of such use or enjoyment over a specified period of time.

Question 2

Subjective vs Objective state of Mind

Answer 2

Subjective State of Mind: a good faith belief that the land is actually theirs. They believed that they owned the land.

Objective State of Mind: doesn’t matter what the possessor thought, only matters what they did. Their actions is all that matters.

Question 3

Abandoned Land is treated…?

Answer 3

Once title to land is owned, IT CANNOT BE ABANDONED!!! It can be given away or taken by adverse possession but it cannot be abandoned.

Question 4

Color Of Title
Vs
Claim of Title

Answer 4

Color or Title: a claim founded on a written instrument (deed, will) but this written document has a defect. It looks valid on it’s face, but it is in fact wrong. (A subjective state of mind so the Maine Doctrine)

Claim of Title: the hostile claim of right on the part of the adverse possessor. (An objective state of mind or the Connecticut Doctrine).

Question 5

Define: Constructive Knowledge

Answer 5

The knowledge that you should have had. This is the knowledge that the owner should have had if he had any diligence at all.

Question 7

Maine Doctrine vs Connecticut Doctrine

Answer 7

The Maine Doctrine holds that it must be the intention of the occupant to claim ownership of the land. (A subjective standard).

The Connecticut Doctrine holds that the very nature of the act is proof of intention, so there is no reason to inquire into the mind of the possessor. (An objective standard).

Question 8

Define: Doctrine of Agreed Boundaries

Answer 8

Provides that if there is uncertainty between neighbors as to the boundary lines location, an oral agreement to settle the matter is enforceable if the neighbors subsequently accept the line for a long period of time.

Question 9

Define: Doctrine of Acquiescence

Answer 9

provides that long acquiescence - though perhaps for a period of time shorter than the statute of limitations - is evidence of an agreement between the parties fixing the boundary line.

Question 9

Define: tacking

Answer 9

Tacking: the process whereby an individual who is in adverse possession of real property adds their period of time of possession to that of the prior possessor.

Question 10

Doctrine of Estoppel

Answer 10

Stopped of a right that you would have had, had you chosen to use it. But since they did not, that right has now been lost.
If you had a basis to assert your rights and you choose not too, then that right is lost.
Note: often to successfully create an estoppel, it requires an expenditure of money.

Question 11

Define and explain: Privity

Answer 11

Privity: a close, direct, or successive relationship which has a mutual interest or right to real property.

To have privity in a transfer it must be:

1) mutual
2) successive
3) must be consensual or voluntary.

Question 12

Types of disabilities:

Answer 12

1) Minority Status
2) Unsound Mind
3) Inprisonment

Question 13

Define: Qualifying Disability

Answer 13

The disability must already exist when the adverse possessor enters the property.

Question 14

Required time periods for adverse possession:

Answer 14

Common Law: 21 years

Modern law: varies by state. 3-20 years

Question 15

Element 4: adverse and hostile under claim of right

Answer 15

Must be open and notorious about your adversity to the true owner.

Must be adverse and hostile under a claim of right against the true owner.

Making improvements to the land is the easiest way to show this element.

Question 16

Only (blank) matters, (blank) does not! Under the Connecticut doctrine

Answer 16

Only actions matter, intentions do not. Under the Connecticut doctrine

Question 17

Hypo: a 3 foot encroachment, P thinks it’s only 1 foot. Doesn’t care about 1 foot, but would care about 3. How much does D own? One or three?

Answer 17

If the encroacher thinks it’s 3 feet then he gets all 3. If he thinks it’s only 1 foot than he gets one.

Question 18

Hypo: rancher owns a huge ranch. Rancher knows that there is someone in the back corner deep in the woods, but doesn’t care because he isn’t hurting anything.
Is the adverse possessor open and notorious?

Answer 18

Yea, because the owner knows he is there so he actual knowledge trumps the constructive.
As long as the adverse possessor is arable, even if it takes effort, plus the actual knowledge of his existence, equals the open and notorious requirement.

Question 19

Hypo: A and B are neighbors. A puts up a fence 10 feet into B’s property. The statute runs. B then objects and threatens A. A Is scared and moves the fence back. Who owns the land?

Answer 19

The land belongs to A because the statute has already run. A cannot abandon his right to the land.

Question 20

The doctrine Common Grantor:

Answer 20

If A and B buy property from O and O states where the boundary line is, this is the boundary line.