Adverse Possession Flashcards
What are the elements necessary to establish Adverse Possession?
ON, AE, C,H (ONAECH)
Adverse Possession is established through possession that is:
* open and notorious;
* actual and exclusive;
* continuous throughout the statutory period; and
* hostile (without true owner’s permission)
Must also establish the use of land shows the assertion of dominion required for adverse possession.
Disability
* Statute of limitations does NOT begin to run if the true owner was under a disability to sue (imprisonment, insanity, because of minority, etc.) when the cause of action first accrued.
* Supervening disability has no effect on the statute of limitations.
Constructive possession requires that the claimant have color of title to the whole tract, NOT that the claimant have a good faith belief that she owns the whole tract.
What effect does a landowner’s imprisonment have on a claimant who went into adverse possession one year before the incarceration?
A landowner’s imprisonment has no effect on a claimant who went into adverse possession one year before the incarceration.
The statute of limitations does not begin to run for adverse possession if the true owner was under a disability to sue (e.g., minority, imprisonment, insanity) when the cause of action first accrued.
However, the disability must have existed when the cause of action arose (i.e., at the inception of the adverse possession period).
Thus, the statute of limitations is NOT tolled until the landowner’s release, although it would not have begun to run IF the landowner had been incarcerated when the claimant went into possession.
May a claimant gain title to a tract of land by adverse possession if she has color of title to the entire tract but occupies only a portion of it?
Yes, a claimant may gain title to a tract of land by adverse possession if she has color of title to the entire tract but occupies only a portion of it, IF:
* there is a reasonable proportion between the portion occupied; AND
* the whole tract.
This is the doctrine of Constructive Possession. Color of title is a document that purports to—but does not actually—give someone title to land.
What is the result if a landowner timely brings an ejectment action against a would-be adverse possessor, but the judgment is rendered after the statutory period expires?
If a landowner timely brings an ejectment action against a would-be adverse possessor, but the judgment is rendered after the statutory period expires, the judgment relates back to when the complaint was filed.
Sale that Partially Includes Real Property Acquired Through Adverse Possession
- Property acquired through adverse possession must be presented to judge, and obtain QUIET TITLE.
- Otherwise, you DO NOT have MARKETABLE TITLE for that property.
