Adverse Possession

Question 1

Adverse possession elements

Answer 1

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

Question 2

Actual entry giving exclusive possession

Answer 2

Not within the owner in occupancy and not with the permission of the owner

Question 3

Open and notorious

Answer 3

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.)

Question 4

Adverse and under a claim of right

Answer 4

Entry and possession is an assertion of title, and the denial of title to all others generally there is no intent requirement

Question 5

Continuous for the statutory period

Answer 5

Without interruption, consistent with customary property under like and similar circumstances

Question 6

Doctrine of Agreed Boundaries

Answer 6

If there is uncertainty between neighbors as to the true boundary line, an oral agreement to settle the matter is enforceable

Question 7

Doctrine of Estoppel

Answer 7

One neighbor makes representations about the location of a common boundary and the other changed their position on the reliance

Question 8

Doctrine of Acquiescence

Answer 8

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

Question 9

Adverse Possession to Chattels

Answer 9

Possession must be hostile, actual, visible, exclusive, and continuous

Question 10

Tacking

Answer 10

Joining of consecutive periods of possession by different people to treat the periods as one continuous period

Question 11

Privity

Answer 11

The connection or relationship between two or more parties, each having legally recognized interest in the same subject matter

Question 12

Privity of contract

Answer 12

The relationship between the parties to a contract, allowing them to sue each other, but preventing a third party from doing so

Question 13

Privity of estate

Answer 13

A mutual or successive relationship to the same right in the property as between the grantor and grantee

Question 14

Privity of possession

Answer 14

A relationship between parties in successive possession of real property

Question 15

Statutory periods

Answer 15

Start when the cause of action accrues, when the defendant enters and begins adversely possessing the property

Question 16

Mistaken belief

Answer 16

No intention to steal, good faith

Question 17

Bad faith

Answer 17

Intent to own and steal, aggressive with intent to take title

Question 18

Claim of title

Answer 18

Intent to take title

Question 19

Color of title

Answer 19

A claim founded on a deed that is defective with an incorrect owner listed

Question 20

Relation back

Answer 20

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

Question 21

Land sales

Answer 21

Must be written down and cannot be given by constructive or symbolic delivery

Question 22

Contract

Answer 22

The relationship between the parties to a contract, allowing them to sue each other, but preventing 3rd parties to do so

Question 23

Estate

Answer 23

A mutual or successive pass of real property, existence is often at issue

Question 24

Tolling

Answer 24

Pause time of adverse possession period

Question 25

Remainderman

Answer 25

Protects their property rights from those who are adversely possessing title

Question 26

Disability

Answer 26

a) Within the age of minority
b) Of unsound mind
c) Imprisoned
d) SOME states include deployed soldiers

Question 27

Adverse possession against the government

Answer 27

Does not run against the government because government lands are said to be for the benefit of all people who should not lose it because of the negligence of a few employee