adverse possession

Question 1

continuous

Answer 1

exercise or control over property during the statutory period in a way that is customary for that type of property
* Privity of this is necessary for tacking

Question 2

hostile or adverse

Answer 2

use is nonpermissive
* Use is adverse or hostile to the true owner’s rights

Question 3

actual

Answer 3

must physically occupy the property in some manner
* Possessor must treat the land as an “average owner”

Question 4

notorious/open (visible)

Answer 4

acts must be sufficiently visible to put a reasonable owner on notice that the property is being occupies by a non-owner

Question 5

claim of right or color of title

Answer 5

either claim it by actual possession or defective title

Question 6

exclusive

Answer 6

type that would be expected by a true owner
* Exclusion of the true owner by the non-owner

Question 7

statutory period

Answer 7

adverse possession relies on a ()

Question 8

tacking privity rule

Answer 8

() allows parties claiming adverse possession to use their predecessors’ conduct on the property to meet the time requirements of adverse possession
- Must be connected by privity of title or claim
*The original adverse possessor purported to transfer title/claim of property to the successor

Question 9

brown v gobble holding

Answer 9

created CHANCES

Question 10

claim of right

Answer 10

() → made by someone who cannot allege that the title had ever come into their possession in the past
*He has dispossessed the true owner by virtue of civil trespass

Question 11

color of title

Answer 11

() results when a written instrument that purports to transfer title to real property either has no effect because the grantor doesn’t own the property or there is some defect in the title

Question 12

paine v sexton holding

Answer 12

Land claimed through adverse possession may be maintained in a predominantly natural state if sufficient notice of occupation exists

Question 13

nome 2000 v fagerstrom holding

Answer 13

The actions required for adverse possession depend on the character of the land in question, and the requirements will be met if the land is used for the statutory period as an average owner of similar property would use it

Question 14

hoffman v bob law holding

Answer 14

A property owner does not have an absolute right to an injunction ordering the removal of an encroachment

Question 15

doctrine of relative hardship

Answer 15

A balancing test where an equity court considers a number of factors to determine the potential harms to the parties with and without injunctive relief

Question 16

ward v ward holding

Answer 16

An evicted claimant of land may be entitled to compensation for permanent improvements the claimant made to the owner’s property
- when an ejected tenant has made improves to another’s land, they are required to be compensated to avoid unjust enrichment
*The ejected tenant has a lien on the property until the owner compensates the tenant for the value of such improvements