Adverse Possession

Question 1

Actual

Answer 1

Claimant must use the land in the same way that a typical owner would given its nature, character, and location.
May not be negligible but can be any intensive (physical) use.

Question 2

Exclusive

Answer 2

exclusive of true owner and any other trespassers exercising possession (i.e. acting like they own it)

Absolute exclusivity is not required; does not defeat AP unless they use the property like they own it.

Question 3

Open and Notorious

Answer 3

Visible and obvious such that a reasonable owner would have noticed

Question 4

Adverse

Answer 4

Use of property without permission from true owner (mere acquiescence, i.e. knowledge without act, is not permission)

Question 5

Claim of right

Answer 5

Adverse possessor’s state of mind:

Objective— state of mind is irrelevant
Good faith— met if only a mistaken possession
Bad faith— met only if knowing/intentional trespass

Question 6

Continuous

Answer 6

As continuous possession you would expect of a typical owner, given character, nature, and location of land (focus on frequency)

Question 7

Statutory period

Answer 7

Set by statute

Tacking— one AP can tack their time onto a previous AP’s time if successive possessors are in privity (proper transfer)

Question 8

Color of title

Answer 8

If obtained property with an invalid deed, will, or judgment (also meeting all of AP)
ONLY where AP doesn’t actually possess all the land described in document