Adverse Possession

Question 1

Adverse Possession Requirements

Answer 1

1. Continuous: uninterrupted, as the owner might use
2. Open + Notorious: apparent to put owner on notice
3. Actual + Exclusive: actually occupy and not sharing w/ true owner
4. Hostile: w/o owner’s permission (don’t care about possessor’s state of mind)
   = all for statutory period

COAH

Question 2

Tacking

Answer 2

Tack on time to predecessor’s time but must be privity between possessors (non-hostile such as contract, deed, or will)

Question 3

AP and Disability

Answer 3

If true owner has disability at the time adverse possessor enters, the statutory time period is tolled until the disability is lifted

JIM = jail, insane, minor

Question 4

Transfer by will concepts

Answer 4

• if property is specifically devised but the testator does not own it when he dies, the gift adeems (fails)
• exceptions:
  ~ if insurance proceeds were paid after death, the beneficiary will take those
• if beneficiary dies before the testator, the gift will lapse (unless statute says otherwise that gift is saved)

Question 5

Exoneration

Answer 5

At CL, if a testator makes a specific devise of RE that is subject to a lien, the devisee is able to have the lien exonerated and paid off by the testator’s residuary estate

** most states have abolised **