Adverse Possession Flashcards
AP - basic concept
Possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title for real property. Title by adverse possession results from 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 vest in the possessor.
AP - elements
For the elements of adverse possession, meaning what the possessor must show to establish title by adverse possession, possession must be
Continuous for the statutory period
Open and notorious
Actual and exclusive
Hostile 
AP - elements - continuous
An adverse claimants possession must be continuous throughout the statutory. this means it must be uninterrupted. Intermittent periods of occupancy are not sufficient. However, constant use by the claimant is not required. As long as possession is a type that the usual owner would make. Also, there need not be continuous possession by the same person. An adverse possessor can attack his own possession onto the periods of adverse possession of her predecessors.
AP - elements - open and notorious possession
Possession is open and notorious when the adverse possessors occupation is sufficiently apparent to put the true owner on notice that a trespass is occurring.
AP - elements - actual and exclusive
An adverse possessor will gain title only to land they actually occupy. In some cases, actual possession of the entire parcel claimed is not necessary.
However, If an adverse possessor enters under color of title, by invalid deed, she is deemed to be in constructive possession of all the land that the deed describes, as long as she is an actual possession of a reasonable portion of the land.
Exclusive possession means that the possess is not sharing with the owner or the public. If possession is shared with the true owner or the public, the presumption is that is is permissive and permission, defeats hostility.
Two or more people acting together, could succeed in obtaining title by adverse possession, and they would take title as tenants in Common. 
AP - elements - hostile - generally
The hostel requirement is satisfied if the possessor enters without the owners permission. Note that the adverse possessor state of mind is irrelevant. It doesn’t matter whether the possessor actually thought that they were on their own land or knew that they were in encroaching on another land. When possession starts permissively, like by lease, possession does not become adverse until the possessor makes clear to the true owner the fact that they are claiming “hostilely”
AP - elements - hostile - co-tenants: ouster required
Possession by one cotenant is not adverse to the other cotenants voluntarily out of possession because each tenant has a right to possession of all the property. A co-tenant must oust others or make an explicit declaration that they’re claiming exclusive dominion to create adverse possession. 
AP - elements - hostile - grantor stays in possession
Where a grantor stays in possession of land after their conveyance, they are presumed to be there with the permission of the grantee. Likewise, if a tenant remains in possession after the expiration of the lease, theyre presumed to have permission of the landlord.
AP - elements - hostile - claim of right
A possessor enters under claim of right when they reasonably believe that the property belongs to them, usually because they have an invalid deed. An invalid deed does not give the possessor permission to be on the land. When someone assumes possession with what they mistakenly believe is a valid title, the possession is hostile and adverse. Most states use claim of right instead of or interchangeably with hostile. 
AP - running of SOL
The statute of limitations begins to run when the true owner can first bring suit. Filing a suit will not stop the period from running however, the suit must be pursued to judgment.
AP - payment of property taxes generally not required
Most states do not require the adverse possessor to pay taxes on the property, but consider such payment good evidence of a claim of right.
Tacking
One adverse possessor may attack on to his time with the land, his predecessors time, so long as there is privy between the possessors. Privity, satisfied by any non-hostile Nexxus, such as contract deed, or will. By contrast, privity is absent when the possessor acquires possession by ousting his predecessor in possession. 
Disabilities
The statute of limitations will not run against a true owner, who is afflicted by a disability at the inception of the adverse possession, meaning, when the cause of action first accrued. Only the disability of the owner existing at the time the cause of action Rose is considered.some common disabilities include insanity, infancy, and imprisonment.
AP and future interests
The statute of limitations does not run against a holder of a future interest until the interest becomes possessory.
The event or condition giving rise to a grantor right of entry does not trigger the statute of limitations for purposes of adverse possession. The statute does not begin to run until the right is asserted by the grand tour because, until that time, the grantees continued possession of that land is proper.
So for right of entry, requires the grand tour to assert. But a possibility of reverter automatically reverts, so does not need to assert for it to start running
Effect of covenants in true owner’s deed
If an adverse possessor uses the land and violation of a restrictive covenant in the owners deed for the statute of limitations., They take free of the restriction. If however, the possessors use complies with such a covenant, they take title subject to the restriction.
Land that cannot be adversely possess
Title to government owned land and land registered under a Torrens system (in place in a small minority of states, whereby title is established with a governmental authority that issues title certificates to owners) cannot be acquired by adverse possession. 
