Adverse Possesion, Continued Flashcards
Under claim of right refers to what?
Mens Rea - What are you thinking when you are doing the taking of the land.
Under Claim of Right there are two schools of thought that include:
1.
2.
- Maine Doctrine
- Connecticut Doctrine
Is the Maine doctrine the law in Maine anymore?
No
The Maine Doctrine represents the __________ __________.
Aggressive trespasser
What doctrine?
Would be appropriate to say they had a hostile intent; they knew they didn’t own it and they were going to steal it anyway.
Maine Doctrine
What doctrine?
Good faith belief.
Connecticut Doctrine
Example: Manillo Case went with good faith belief. Built decks and steps and they thought they were on their property and not until after renovations that they discovered it was on their neighbor’s land. They had the mistaken belief that they were building on their own property. They were a _______ _______ ________. They want to keep it but they were not intending it when it happened.
What Doctrine?
Good Faith Trespasser.
Connecticut Doctrine?
Two polar opposites of mistaken belief and aggressive trespasser what is actually the law in most places there is ______ __________ __________.
No intent requirement
Maine Doctrine and Connecticut Doctrine are polar opposites of mistaken belief and aggressive trespasser what is actually the law in most places there is no intent requirement. The only intent is that:
You are intending to use the property as your own.
Continuous means:
Without interruption
___________ refers to use which is consistent with customary property under like and similar circumstance. - Are you using it like the true owner wold use it as an AP?
Continuous
If you have entered the property you are possessing the property, you are _________ __________to the property by saying hi, welcome to m home or by posting a picture on social media.
Asserting title
Another way to assert under a claim of right is to deny ________ to others.
Title
In the Valkenburg v. Lutz case. Lutz asserted under a claim of right by:
Chasing the kids off with an iron pipe.
If you say no solicitors at your door you would be _____________ title to other people and running folks off of your land.
Denying
_____________ right to use somebody’s land.
Easement
__________________- without interruption. You do NOT have to spend 365 sleeping in your home. Might have went on vacation, stayed at sister’s house, visit grandparents, church retreat. We have a variety of reasons why we might not be at home some nights.
Continuous
You can steal a vacation house and you can do it by only being there three months or how long it is that people are there or what people with summer houses do.
True of False
True.
In certain circumstances you can add your time on to the AP behind you to reach that number faster. You have to have ________________________, known as __________.
Relationship with that person
Privity
It can take longer to acquire title to AP if you enter against someone who is ________ for purposes of the statute.
Disabled
__________ __________ has been defined as: The ordinary use to which the land is capable and such as an owner would make it.
Actual Entry
Occupying
Actual entry
Clearing
Actual entry
Cultivating
Actual entry
Pasturing
Actual entry
Erecting
Actual entry
Fences
Actual entry
Improvements
Actual entry
Paying property taxes
Actual entry
Collecting rental payments
Actual entry
