Adverse Possession

Question 1

Define adverse possession

Answer 1

Allowing a person unlawful possession to acquire good title to a piece of property.

Note: until that person acquires good title, they are a trespasser.

Question 2

What are the two basic rationales for AP?

Answer 2

Punishment to land owner for sleeping on their rights
Rewarding possessor for earning good title

Question 3

What are the four elements of AP?

Answer 3

1. Continuous for statutory period: entry, SOL, use
2. Open and notorious: reasonable true owner on notice
3. Hostile: Adverse to owner’s interest/claim of competing title
4. Exclusive: cannot share possession with true owner

Question 4

True or false: the continuous requirement of AP is literal

Answer 4

False. Seasonal or infrequent may suffice is consistent with the type of property being possessed

Question 5

Define tacking in the context of AP

Answer 5

If the adverse possessor cannot satisfy the continuity requirement on her own, she can tack on her predecessor’s time on the property to satisfy the SOL

ONLY if there is privity between the two adverse possessors (some sort of exchange – bargain)

Question 6

True or false: AP SOL will not run against a true owner who has a disability at the time AP begins

Answer 6

True.

Disability: infancy, insanity, imprisonment

Question 7

How can a true owner interrupt the AP period?

Answer 7

Eject the adverse possessor and stop the SOL clock

Question 8

Can two people adversely possessing the property together acquire title?

Answer 8

Yes, as tenants in common

Question 9

Define constructive adverse possession

Answer 9

Exception to the rule that AP generally traces the legal boundary of the property

AP enters under color of title from an invalid instrument and occupies a portion of the property described in the fraudulent deed.

AP is in actual possession on the occupied land and constructive possession of the remaining land in the deed.