Adverse Possession Flashcards
Adverse possession
To acquire property through adverse possession, possessor must show that there was:
(a) Continuous possession:
* Uninterrupted use of property throughout statutory period that’s consistent with owner’s ordinary use of property (ex. summer home)
(b) Open and notorious possession: the kind of use the owner would make of land
* Possession apparent enough to put owner on notice of trespass
(c) Actual possession: possessor can only get title to land he actually occupies
* Also used to put owner on notice of trespass
(d) Hostile and exclusive possession:
* Hostile: Possessor on land without owner’s permission (or if he originally had permission, makes it clear to owner he’s claiming land “hostilely” by notifying owner, refusing to let owner come onto land, etc.)
* Exclusive: Possessor not sharing land with true owner or public
TAXES: If there is a claim of right, possessor doesn’t need to pay property taxes, but if it does, it’s good evidence of the claim of right
