Adverse Possession

Question 1

Elements of Adverse Possession

Answer 1

C O A H

For possession to ripen into title, it must be:
- Continuous
- Open and notorious
- Actual and exclusive
- Hostile

Question 2

When is possession “continuous”?

Answer 2

Intermittent periods of occupancy are not sufficient, but constant use by the claimant is not required as long as possession is of a type that the usual owner would make.

Does not need not be continuous possession by the same person (tacking)

Question 3

When is possession “open and notorious”?

Answer 3

It must be sufficiently apparent to put the true owner on notice that a trespass is occurring.

Question 4

When is possession “hostile”?

Answer 4

If the possessor enters without the owner’s permission.

NOTE: The adverse possessor’s state of mind is irrelevant.

NOTE: An invalid deed does not give the possessor permission to be on the land, and the possession is therefore hostile.

Question 5

Tacking

Answer 5

One adverse possessor may tack his predecessor’s time on to his time with the land, so long as there is PRIVITY between the possessors.

Privity= any non-hostile nexus, such as a contract, deed, or will.

Privity is absent when the possessor acquires possession by ousting his predecessor in possession.

Question 6

Disabilities and the Statute of Limitations

Answer 6

The statute of limitations will not run against a true owner who is afflicted by a disability at the INCEPTION of the adverse possession.

Question 7

Adverse Possession against Future Interest Holders

Answer 7

The statute of limitations does not run against a holder of a future interest until the interest becomes possessory.