Adverse possession

Question 1

CONE-AH

AP elements

Answer 1

1. continuous
2. open and notorious
3. actual and exclusive
4. hostile - la**ck the true owner’s permission to be on the land

Question 2

tacking

Answer 2

one AP can tack on to his time with the land his predecessor’s time so long as their is privity btwn the possessors

Question 3

how is privity satisfied for tacking

Answer 3

by a non-hostile nexus such as contract, deed, or will

Question 4

how is privity absent in tacking

Answer 4

when possessors acquires possession by ousting his predecessor in possession

Question 5

If AP uses land in violation of a restrictive covenant

Answer 5

AP takes free of restriction even if AP knew of the restrictive covenant

Question 6

If AP uses land in compliance with a restrictive covenant

Answer 6

AP takes subject to restriction

Question 7

In order to get marketable title for adversely possessed property need:

Answer 7

action to quiet title and the judges approval

Question 8

what is an action to quiet title

Answer 8

An action to quiet title is a lawsuit brought in a court to establish a party’s title to real property

Question 9

Can land subject to a future interest be acquired by adverse possession?

Answer 9

YES!

however, the statute will not begin to run as against the future interest holder until her interest becomes possessory (i.e. O to A with a remainder in B)

BUT

a transfer (i.e. a will) in ownership does not interrupt the statutory period for adverse possession

Question 10

An adverse possessor will gain title to the land …?

Answer 10

he actually occupies

O gives blackacre to B under a deed. Blackacre has a nothern and a southern portion. B builds his house on the southern portion and farms the land. almost never goes to the northern portion. 20 years later A comes along and claims title to BA. Turns out O did not have authority to divest BA to B. Here, B will have AP’ed the southern portion only because that is the place he occupies

Question 11

Color of title means

Answer 11

possession of a document purporting/claiming to convey title

Question 12

Disabilities that can affect AP period

Answer 12

1. insanity
2. infancy
3. imprisonment

Question 13

For a disability, to stop the clock, the disability must have been in existence

Answer 13

on the day the adverse possession began.