Adverse Possession

Question 1

AP: Actually, everyone knows Agatha hated Christie!

Answer 1

Actual
Exclusive
Open
Notorious
Adverse
Hostile
Continuous through the statutory period

Question 2

AP: Statute of limitations

Answer 2

1) Does not begin to run if true owner was under disability when AP began
2) Does not run against future interest holders until interest becomes possessory

Question 3

AP: Restrictive covenants

Answer 3

Will not run with the land if AP’s use of land violated the covenant

Will run if the AP’s use complied with covenant

Question 4

AP: Color of title

Answer 4

Adversely possessing party of the property under color of title is sufficient to acquire title to the entire property

• Color of title = property not actually owned, but thought to be owned based on written instrument (such as a void deed)

Question 5

AP: Non-marketable title

Answer 5

Title taken by adverse possession is not marketable, unless there has ben an action to quiet title

Question 6

AP: Tacking

Answer 6

AP’s can tack together through successive periods of AP to satisfy the statutory period, even if successive possession was by different AP’s

• Requires privity between successive AP’s

Question 7

Tacking: Privity

Answer 7

Satisfied if subsequent possessor takes by descent, devise, or by deed purporting to convey title

Question 8

AP: Ouster

Answer 8

• Tacking NOT permitted if one adverse claimant outs the preceding claimant
• Co-tenants may NOT adversely possess each other unless ouster has occurred