Adverse Possession Flashcards
Adverse possession elements
a) actual entry giving exclusive possession
b) open and notorious
c) adverse and under a claim of right AND
d) continuous for the statutory period
Actual entry giving exclusive possession
Not within the owner in occupancy and not with the permission of the owner
Open and notorious
Must allow the true owner to be on notice of occupancy (visible or hidden), regardless of whether the owner ever actually takes notice, and must exhibit possession typical of ownership (change of address, etc.)
Adverse and under a claim of right
Entry and possession is an assertion of title, and the denial of title to all others generally there is no intent requirement
Continuous for the statutory period
Without interruption, consistent with customary property under like and similar circumstances
Doctrine of Agreed Boundaries
If there is uncertainty between neighbors as to the true boundary line, an oral agreement to settle the matter is enforceable
Doctrine of Estoppel
One neighbor makes representations about the location of a common boundary and the other changed their position on the reliance
Doctrine of Acquiescence
Accepting something without protest though maybe for a period of time shorter than the statute of limitations is evidence of an agreement between the parties fixing the boundary line
Adverse Possession to Chattels
Possession must be hostile, actual, visible, exclusive, and continuous
Tacking
Joining of consecutive periods of possession by different people to treat the periods as one continuous period
Privity
The connection or relationship between two or more parties, each having legally recognized interest in the same subject matter
Privity of contract
The relationship between the parties to a contract, allowing them to sue each other, but preventing a third party from doing so
Privity of estate
A mutual or successive relationship to the same right in the property as between the grantor and grantee
Privity of possession
A relationship between parties in successive possession of real property
Statutory periods
Start when the cause of action accrues, when the defendant enters and begins adversely possessing the property
Mistaken belief
No intention to steal, good faith
Bad faith
Intent to own and steal, aggressive with intent to take title
Claim of title
Intent to take title
Color of title
A claim founded on a deed that is defective with an incorrect owner listed
Relation back
Once the statute of limitations runs, it only bars any action by the former owner, but it also vests a new title in the adverse possession which relates back to the date of the event that started the statute running
Land sales
Must be written down and cannot be given by constructive or symbolic delivery
Contract
The relationship between the parties to a contract, allowing them to sue each other, but preventing 3rd parties to do so
Estate
A mutual or successive pass of real property, existence is often at issue
Tolling
Pause time of adverse possession period
