Adverse Possession

Question 1

If A conveys Greenacre to B “for life”, and if C successfully adversely possess it, what is C’s current interest in Greenacre?

What happens when B dies?

Is it possible for C to gain a fee simple in Greenacre?

Answer 1

B had a life estate in Greenacre, so C can only quiet title to a life estate pur autre vie in Greenacre for the length of B’s life.

Upon B’s death, Greenacre must revert back to A.
Upon reversion, if C continues to occupy Greenacre, C is then occupying A’s fee simple. to claim adverse possession fo A’s fee simple, C must then adversely possess Greenacre for the statutory period, starting from the time of reversion to A. `

Question 2

A leases Blackacre to B for a term of years, with a term of 10 years. C begins to adversely possess Blackacre during A’s tenancy. The statutory period is 10 years. What is the earliest C can adversely possess Blackacre. What will his current interest be?

Answer 2

If C attempts to adversely possess Blackacre during this term of of 10 years, then C can only claim the term of years tenancy from C. However, this is impossible because the statutory period is 10 years and the term of the tenancy is 10 years and C began adversely possessing after the tenancy began. A’s reverter will remain unaffected by C’s possession of Blackacre. If C remains in possession of Blackacre after term of years ends, he cannot claim adverse possession until he establishes all adverse possession elements for the statutory period against A’s fee simple, after which point he will gain a fee simple in Blackacre.

Question 3

Can an adverse possessor adversely possess only part of a parcel of land?

Answer 3

Yes. If A has proper title to parcel, and B adversely possesses part of it, (by only satisfying the “occupy” element for part of the parcel), B may only quiet title to part of parcel which he adversely possesses.

Question 4

What are the elements of adverse possession

Answer 4

1. adverse and hostile
2. actual possession
3. open and notorious
4. exclusive possession
5. continuous possession

Question 5

How do you know that “adverse and hostile” element is satisfied?

Answer 5

Ask: would the claimant defend their claim if challenged?

• this is generally satisfied if the claimant is seeking to quiet title in himself
• modern trend is objective standard, rather than good or bad faith

Question 6

How do you know that “actual possession” element is satisfied?

Answer 6

Land must be physically possessed in a way that the land is reasonably used for.

• actors which actually possess land for more intensive, especially economically beneficial purposes, have better claim to satisfying this element than actors whose actual possession is les intensive.
• reasonable use of land is determined by considering character, location, and nature of the land
• generally, an adverse possessor can only quiet title to the land he actually possesses.
• exception is when adverse possessor has “color of title,” which purports to give adverse possessor the full parcel, of which he only actually possesses part of.

Question 7

What element does posting “no hunting” or “no trespassing” signs satisfy?

Answer 7

actual possession

Question 8

If an actor acquires a deed which purports to convey to him adjacent plots, A and B, and actor builds a house and cultivates a garden on the land entirely within plot A, and the deed is actually void, may the actor quiet title to both plots in himself after the statutory period?

Answer 8

No, he has not actually possessed plot B

Question 9

How do you know that “open and notorious” element is satisfied?

Answer 9

• if actual owner knows of claimant’s actual possession of the land, then this element is always met, no matter how the actual owner found out
• otherwise claimant must have actually occupied land in such a way that was conspicuous to the public
• specific requirement depends on what is reasonable given the character, nature, and location of the land
• generally, if it was reasonably possible for the real landowner to have discovered the claimants actual possession by inspecting the land, then this element is met

Question 10

How detailed an inspection of the parcel would the actual owner have to make to discover the claimant’s use of the land?

Answer 10

• if it is obvious upon cursory inspection, or even without inspection, then element is met
• if it requires a detailed inspection, then element may not be met
• if impossible upon detailed inspection to discover claimant’s occupation/use of land, then element not met

Question 11

How do you know that “exclusive possession” element is met?

Answer 11

• any other potential adverse possessors will defeat this element
• if others use the land with the actual owners consent, but the claimant uses it adversely, then this element is met
• if possible for original owner to discover claimant’s use through some means other than inspection of the parcel, then element is met

Question 12

How do you know that “continuous possession” element is met?

Answer 12

Ask: does the claimant occupy the land as continuously as a reasonable person might, according to:

- character
- location
- nature

• tacking allowed if privity exists between landowners