Adverse Possession Flashcards
How does the statute of limitations for ejectment operate to give rise to adverse possession?
When the owner does not take action to eject the trespasser/adverse possessor within the statutory period, title vests in the adverse possessor.
What are the requirements for adverse possession?
Continuous: possession must be continuous for the statutory period
Open/notorious: possession is in a way that owner would use property and is apparent to give at least inquiry notice
Actual/exclusive: possessor gains title only to land she actually possesses
Hostile: without permission from the owner. State of mind of possessor is irrelevant
To satisfy actual and exclusive possession, must the possessor occupy the entire parcel?
Generally yes. However, in some cases, if the possessor occupies a reasonable portion of the parcel AND has color of title (document that purports to give title but does not actually do so), then the possessor is deemed to have actual possession of the entire parcel.
Can two or more people adversely possess the same piece of land?
Yes. If concurrently, then as tenants in common. If successively, then tacking is allowed for statute of limitations purposes as long as privity (non-hostile nexus) exists.
True or false: as long as someone has a deed to the parcel, that person is not as adverse possessor, regardless of whether the deed is valid.
False. If the deed is invalid, the holder has only a claim of right. Any time someone takes possession under such a claim of right, the possession is hostile and adverse.
True or false: if the true owner becomes disabled after adverse possession has begun, the statute of limitations does not run.
False. In order to stop the statute of limitations from running, the disability must exist at the outset of possession.
True or false: the statute of limitations for adverse possession does not run against the holder of a future interest until that interest becomes possessory.
True.
True or false: an adverse possessor always takes title free of the covenants in the owner’s deed.
False. It depends on the adverse possessor’s use during the limitations period. If the adverse possessor used the land in a way that violated the covenant during the limitations period, he takes free of the restriction. Vice versa.
