Adverse Possesision

Question 1

Adverse possession defined

Answer 1

I. Basic concept: possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title

Question 2

Elements of adverse possession

Answer 2

COAH. For possession to ripen into title it must be
a. Continuous – uninterrupted for the statutory period
b. Open and Notorious—sort of possession the usual owner would make
c. Actual entry – Actual entry giving exclusive possession
d. Hostile—possessor doesn’t have owner’s consent to be there.
NOTE: POSSESSOR’S SUBJECTIVE STATE OF MIND IS IRRELEVANT. Doesn’t matter whether possessor believes she is in her own land, knows she is trespassing, or has no idea who owns it.

Question 3

Tacking and adverse possession

Answer 3

a. One adverse possessor may tack on to his time with the land his predecessor’s time, as long as there is privity, which is satisfied by any non hostile nexus, such as contract, deed, will
b. Tacking is NOT allowed if there has been an ouster
i. O owned Blackacre in 1990 when A entered adversely. A was on her way to satisfying the elements of adverse pos-session when, in 1996, Mr. X ousted her. Mr. X stays on the land through 2010. Our jurisdiction has a 20-year statute of limitations. In 2010, who owns Blackacre?
1. O, ouster defeats privity. Therefore, tacking isn’t allowed

Question 4

Disabilities and adverse possession

Answer 4

a. SOL will not run against a true owner who is afflicted by a disability at the start of the adverse possession.
b. Common disabilities include insanity, infancy, imprisonment,
c. Ex: O owned Blackacre in 1990 when A entered adversely. In 2000, O went insane. In 2010, O recovered. Our jurisdiction has a 20-year statute of limitations. In 2010, who owns Blackacre? ___A____, assuming that she has met the COAH elements. O cannot claim the benefit of the disability because: he wasn’t suffering at the start of the adverse possession

Question 5

Can government land be adversely possessed

Answer 5

No

Question 6

Covenants in true owner’s deed and the adverse possessor

Answer 6

a. If adverse possessor uses the land in violation of a restrictive covenant in owners deed for limit period, she takes free of the restriction.
b. If AP complies with covenant, she inherits the same restriction.