Adverse Possession

Question 1

Doctrine of adverse possession

Answer 1

Allows a person in unlawful possession to acquire good title to a piece of property
Until a person acquires good title, the person is a trespasser

Question 2

Four elements of adverse possession

Answer 2

1. continuous
2. open and notorious
3. hostile
4. exclusive

Question 3

Tacking

Answer 3

tacking occurs when the adverse possessor sells or gives the property to another person
The new adverse possessor can “tack on” the time that the originaladverse possessor was on the land

Question 4

How is the “hostile” element of adverse possession satisfied

Answer 4

Possession is adverse to the true owner’s interest
Majority rule: ignores the adverse possessors state of mind
Minority good faith rule: claim is hostile is the adverse possessor thinks the land is unowned or that they are the rightful owner
minority bad faith rule: based on “aggressive trespass” where the adverse possessor knows the claim is not theirs and is intentionally trying to adversly possess