Adverse Possession

Question 1

What are the elements of AP?

Answer 1

COAH
Continuous use for the statutory period (NY: 10 yrs)
Open and notorious use
Actual use
Hostile use (defeated by consent)

Question 2

Does a possessor need to have a good faith belief that the property belongs to him to qualify for AP?

Answer 2

MBE: No - their subjective state of mind is irrelevant.

NY: Yes - to get AP, must have a good faith (though mistaken) belief that you own the land you’re occupying.

Question 3

What is tacking?

Answer 3

Taking allows the possessor to use the continuous time his predecessor spent on the land to get to the statutory period.

Tacking not allowed when there has been “ouster.”

Question 4

What is the affect of a disability in the true owner of the land on AP?

Answer 4

Only if the true owner is disabled AT THE START of the possessory period will the statute of limitations be tolled. If possessor becomes disabled during the possessory period, no effect on AP.

Question 5

What disabilities count for the tolling of AP?

Answer 5

infancy, insanity, and imprisonment, for example.