Adverse Possession Flashcards
What is adverse possession? What must a party show in order to make a successful adverse possession claim?
Adverses possession allows someone without valid title to land to acquire valid title once they have occupied the premises for a significant period of time.
The req’s are as follows:
- possession must be continuous (constant not req’d, just what a usual owner would do, remember can tack)
- possession must be open and notorious - i.e. put reasonable owner on notice
- possession must be actual & exclusive - i.e. not sharing with true owner or public
- hostile - without owner’s permission (AP’s state of mind is irrelevant - so if they thought it was OK but it was hostile, then valid AP claim)
Note: cannot AP govt land
Is possession of the entire parcel req’d to make a valid adverse possession claim?
Generally, unless the adverse possessor enters under color of title - e.g. invalid deed – then she is in constructive possession of all the land the deed describes even if only in actual possession of a portion.
Can co-tenant have an adverse possession claim against another co-tenant? What about a grantor against a grantee?
Co-tenant has to oust others or make explicit declaration re claiming exclusive domain in order to show true hostility to make an adverse possession claim (b/c otherwise both have rights to be there).
When a grantor remains on premises they have conveyed to grantee, it is assumed that grantee gave them rights and therefore this isn’t hostile.
What is a claim of right? What is its legal significance wrt adverse possession claims?
A possessor enters “under claim of right” when they reasonably think property is theirs (e.g. invalid deed). This satisfies the hostility prong of the adverse possession claim.
Must adverse possessor have paid property taxes to make sufficient AP claim?
No but is relevant in assessment.
What is tacking?
An adverse possessor–in showing that they have held continuous possession of property over period of time–can tack their time onto a predecessor’s time so long as there is privity between them - i.e. deed, will, etc. – will NOT be privity if new person ousted old.
When does statute of limitations begin for adverse possession claims?
At time that original owner could have first brought suit. BUT will not run against a true owner who has disability at inception of adverse possession (e.g. in a coma).
Also, does not run against future interest holder until that interest becomes possessory. NOTE this does NOT mean that once condition is satisfied that is needed to pass interest that it begins, its once grantee asserts interest.
