Adverse Possession Flashcards
Adverse Possession ________ owners who ________ on their rights, and _________ adverse possessor’s who ____________rights by possession.
Punishes
Sleep
Rewards
Earn
Adverse Possession encourages the ______________ __________ ________ ___________, rather than allowing land to go ____________ and _________.
productive use of proeprty
Unattended and unused
Adverse Possession furthers the ______________ of land.
alienability
With adverse possession, you steal ownership of it. True or False.
True
Alienability means:
The free transferability of land.
The free transferability of land.
Alienability
_____________ is important for land because we want land to be put to its highest and best use, so it has to be easy for land to be bought and sold.
Alienability
Restraints on alienation are bad. True or False
True
A _____________ is a piece of paper that shows that you own the land.
Deed
One of the most difficult things to prove to acquire title through adverse possession is the ___________ ______________.
Statutory Period
The Statute of Limitations starts when the adverse possessor
Physically enter the land and begins the adverse possession.
The statute of limitations starts when the adverse possessor physically enters the land and begins the adverse possession. The true owner has the ability at any point during that statutory period to ____________ the adverse possessor to ___________ __________ of their ________.
Dispossess
Regain possession of their property
The statutory period for adverse possession starts when__________________________________. (When A enters and begins to adversely possess.
The cause of action accrues
Statutory period for adverse possession starts when the cause of action accrues (when A enters and begins to adversely possess). Owner has the right to commence action(s) for
1.
2.
3.
- Quiet Title
- Ejectment or
- Injunction
Statutory period for adverse possession starts when the cause of action accrues (when A enters and begins to adversely possess).
Owner has the right to commence action(s) for Quiet Title, ejectment, or Injunction.
Period ends at the end of the __________ __________, subject to an exception for __________ (as specified by statute.)
Statutory period
Disabilities
Statutory period for adverse possession starts when the cause of action accrues.
Owner has the right to commence action(s) for Quiet Title, Ejectment, or Injunction.
Period ends at the end of the statutory period, subject to an exception for disabilities (as specified by statute).
Law regarding AP is governed by both __________ rules and __________ __________ rules.
statutory
Court made
You actually physically are here and today you would do that by documenting taking a selfie, “day one of adverse possession.” This refers to what:
Actual entry
Pertains to the true owner of the property. They cannot be physically present, and they cannot give you permission to be there. This refers to what?
Giving exclusive possession
Pertains to the true owner of the property. They cannot be physically present, and they cannot give you permission to be there. This refers to what?
Giving exclusive possession
______________ is the landowner’s greatest defense to adverse possession.
Permission
It is impossible to separate _______ and __________.
Open and notorious
Visible/ Apparent and not hidden. The point is that you want to behave in such a way that the true owner would be able to have notice of the fact that you are AP.
What does this refer to?
Open and notorious
visible/ apparent and not hidden. The point is that you want to behave in such a way that the true owner would be able to have notice of the fact that you are Adverse possessing. They don’t ever have to get notice; they may have moved to Alaska and are never coming back. That is okay but you have to behave in a way that if they were looking _________ _________ ________ ________.
They would see it.
Receiving mail - filing out a federal form with a start date. I am now receiving mail at this location.
Open and notorious
Cars in the driveway
Open and notorious
Utilities - KUB bill. Spectrum Cable, Xfinity, Internet, Landline
Open and notorious
Put signs out front (Happy Acre - The Swanson’s
Open and Notorious
Door Mat
Open and Notorious
Holiday Decor
Ex. 12-foot Grinch inflatable, or two of them.
Open and Notorious
Painting, Building Decks, Pouring Concrete
Open and Notorious
Trash Service
Open and Notorious
Fence
Open and Notorious
No trespassing signs
Open and Notorious
Beware of Dog signs
Open and notorious
Throw a party and invite your neighbor - claim of right where you are asserting title. If I say, “Jackson, welcome to my home.” Demonstratively stating this is my house.
Open and Notorious
Smoke coming out of fireplace.
Open and Notorious
Cooking and the smell going through the neighborhood grilling steaks.
Open and notorious
Burnt oil on the stove and then you open the doors to get it out.
Open and notorious
Look in the facts and see if the owner is paying rent. If they are not paying for the privilege to be there and they do not have permission to be there, it is unequivocal that they are acting adversely to the true owner’s interés . LOOK FOR RENT! True or False.
True
Look in the facts and see if the owner is paying rent. If they are not paying for the privilege to be there and they do not have permission to be there, it is unequivocal that they are acting adversely to the true owner’s interest. Look for rent. Even if rent was there but then it disappeared. You were allowed to be there, and you did have a lease, but the lease expired, and you quit paying and you won’t leave you could argue ___________ _____________ becuase your are not there with the owner’s permission and not paying to be there.
Adverse possession.
