Adverse possession

Question 1

Adverse possession generally

Answer 1

Possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title to real property

For possession to ripen into title, must be
- continuous
- open and notorious
- actual and exclusive
- hostile

Question 2

Ejectment

Answer 2

Title by adverse possession results form the operation of the statute of limitations for ejectment

If an owner does not, within the statutory period, take action to eject a possessor who claims adversely to the owner, title vests in the possessor

Question 3

Continuous

Answer 3

An adverse claimant’s possession must be continuous throughout the statutory period

Intermittent periods of occupancy are not sufficient

Constant use is not required, just needs to be of a type that the usual owner would make

Can tack own possession onto the periods of predecessors

Question 4

Open and notorious

Answer 4

The adverse possessor’s occupation must be sufficiently apparent to put the true owner on notice that a trespass is occurring

Question 5

Actual and exclusive

Answer 5

An adverse possessor will gain title only to land they actually occupy

Actual possession of the entire parcel claimed is not necessary in some cases

Exclusive means that the possessor is not sharing with the true owner or the public
- two or more people acting together, can take title as tenants in common

Question 6

Possessor enters under color of title

Answer 6

This means by invalid deed

Deemed to be in constructive possession of all the land that the deed describes, as long as she is in actual possession of a reasonable portion of that land

Question 7

Hostile

Answer 7

Possessor enters without the owner’s permission
- permission defeats hostility

Adverse possessor’s state of mind is irrelevant
- does not matter whether the possessor actually thought that they were on their own land or knew that they were encroaching on another’s land

Question 8

Possession starts permissively

Answer 8

When possession starts permissively, like by lease, it does not become adverse until the possessor makes clear to the true owner the fact that they are claiming hostilely

Question 9

Tacking

Answer 9

One adverse possessor may tack on to his time with the land his predecessors time, so long as there is privity between the possessors

Satisfied by any non-hostile nexus
- privity is absent when the possessor acquires possession by ousting his predecessor in interest

Question 10

True owner and disabilities

Answer 10

The SOL will not run against a true owner who is afflicted by a disability at the inception of the adverse possession

Only the disability of the owner existing at the time the cause of action arose is considered