Adverse possession Flashcards

1
Q

What is adverse possession?

A

Occupancy that begins as a trespass and grows into possession. This can be brought as a cause of action (suing for quite title) or an affirmative defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the justifications for Adverse possession?

A

○ Preventing frivolous claims
○ Correcting title defects
○ Encouraging development
○ Protecting personhood

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the elements of adverse possession?

A

Actual and exclusive
open and notorious
Continuous
for the statutory period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Actual

A

The claimant must physically use the land in the same manner that a reasonable person would. Based on character, location, and nature.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Exclusive

A

Cannot be shared with the owner or public in general, others can’t also be trespassing or occupying, does not include those invited onto the land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Open and Notorious

A

Possession must be visible and obvious, such as if the owner made a reasonable inspection they would become aware of the adverse claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Adverse and hostile

A

Not authorized by owner.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Bad faith (minority)

A

Possessor knows that they do not have the right to possess the land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Good faith (minority)

A

Possessory believes that they have the right to own the land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Objective test (adverse and hostile)

A

The state of mind does not matter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Continuous for the statutory period.

A

As continuous as a reasonable owner would, given the character and location of the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Tacking

A

when multiple successive adverse occupants add their possession together to meet the statutory period. This requires privity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Privity

A

Some reasonable relationship between successive possessors (deed, will, etc.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Disability (adverse possession)

A

May extend a statutory period only when it exists at the beginning of the adverse possession. Death ends all disabilities, disabilities can’t be tacked, and disabilities won’t shorten the statutory period.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Types of Disability

A

○ Unsound mind
○ Imprisonment
○ Minority (under-ages)
○ Military-service
○ Out-of-State residence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Color of title

A

color of title refers to when someone is on the land under a deed, a judgment, or another written document that is invalid for some reason

17
Q

What does color of title change?

A

Normally an adverse possessor only gains title to the land that they have used. However, if an adverse possessor has a bad document giving title to land (through fraud, mistake, or another reason), then, under color of title, they get title to the entire land. This serves to correct title defects, a justification for adverse possession

18
Q

Statutory periods for disability.

A

Either however long the statutory period is or whenever the disability ends plus the disability statute. Whichever is longer but the time can never be shorter than the statutory period.