Adverse possession

Question 1

Doctrine of Adverse Possession

Answer 1

Occurs when someone aquires ownership of land without payment or consent from the legal record owner after fulfilling certain statutory and common law requirements

Question 2

Open and Notorious

Answer 2

The claimants acts of possession must be so visible and obvious that a reasonable owner who inspects the land regularly would receive notice of an adverse title claim

Question 3

Hostile (normal)

Answer 3

Adverse possessor uses the land of the true owner without their permission and the use of the property is incompatible with the title holder’s interest in the property

Question 4

Claim of Right (objective), Majority

Answer 4

The adverse possessor does not need to have a good faith belief that they own title. It’s an objective test and the party’s subjective intent about ownership is irrelevant.

Question 5

Claim of right (subjective) Minority

Answer 5

Uses a subjective test and holds the adverse possessor must have a good faith belief that they own title to the land. If you act in bad faith, you will not meet the hostility requirement

Question 6

Actual possession

Answer 6

Adverse claimant used the property as the ordinary owner would

Question 7

Exclusive

Answer 7

Does not need to be absolutely exclusive, but it does need to be the type of dominion and control that would expected of an owner

Question 8

Continuous

Answer 8

If the adverse possessor’s use reflects the general use of an owner in holding, managing, and caring for property of a like nature or condition z