Adverse Possession Flashcards
Adverse possession - general rule
Establishing title by adverse possession requires the possessor to show
1. actual exclusive possession that is
2. open and notorious
3. adverse, and
4. continuous for the statutory period.
Exclusive possession means not sharing possession with the true owner or the general public. Possession is open and notorious when it is such as the usual owner would make of the land and is sufficient to put the tru owner on notice of the possession. Possession is hostile when it is without the owner’s consent; it does not matter whether the possessor believes he is on his won land or knows he is trespassing. Continuous possession is possession that the average owner would make of the property. In most states, payment of property taxes is not required to establish title by adverse possession bu tis good evidence of a claim of right.
