Adverse Possession Flashcards
Continuous
An adverse claimant’s possession must be continuous throughout the
statutory period. What does this mean?
Adverse Possession
For possession to ripen into title, it must be:
* Continuous
* Open and notorious
* Actual and exclusive
* Hostile
Open and Notorious
The adverse possessor’s occupation must be sufficiently apparent to
put the true owner on notice that a trespass is occurring.
Actual and Exclusive
An adverse possessor will gain title only to land they actually occupy.
In some cases, however, actual possession of the entire parcel
claimed is not necessary.
Hostility
The hostility requirement is satisfied if the possessor enters without
the owner’s permission. Note that the adverse possessor’s state of
mind is irrelevant
Tacking
Disability