Adverse Possession

Question 1

Adverse Possession

Answer 1

Allows non-owner to gain possession of another’s property.

Question 2

Actual Possession

Answer 2

• Physically occupying property
• fence property
• if there is no fence, use the property significantly (planting trees, shrubs, farming, etc.)

Question 3

Open and Notorious

Answer 3

Possession MUST be visible to the record owner
- puts true owner on notice

Question 4

Exclusive

Answer 4

ONLY YOU use the land in the type expected of a true owner of the land
- does not mean need to restrict people from entering the property
- CANNOT share ownership w/ true owner

Question 5

Continuous

Answer 5

Must control property in a way a true owner would
Tacking:
- adding succeeding predecessors of possession together (10 yrs. requirement)
- must be in privity (contract) w/ people getting property from and tacking on from. Original adv possessor transfers title to property successor.

Question 6

Adverse and Hostile

Answer 6

Infringes on rights of the true owner
- no consent from true owner, if permission then no adverse possession

Question 7

Statutory Period

Answer 7

Statute of Limitation normally 10 yrs.

Question 8

Color of Title

Answer 8

• appears like a valid title but is void
• COT must be used w/ adv possession
• Exception:
  - Tolling the Clock: stop clock for SOL b/c of coma, dementia, jail–where true owner cannot reasonably be expected to watch their land.

Question 9

Brown v. Gobble

Answer 9

• 2 ft. tract of land btwn properties. Def. bought property and fence the tract assuming it was his.
• met all adverse possession elements = land his.

Question 10

Paine v. Sexton

Answer 10

Plt claimed 36 acre of natural land through quitclaim deed and adv possession. D says no mine via deed.
Rule: Land claimed through adv possession may be maintained in a natural state if sufficient notice of occupation exists.
-Land in a natural state does not need to be fully cultivated or fenced off.
-Paine won b/c they used land as a campground and did enough to put true owner on notice.
- Paine also had Color of Title through numerous deeds which were not legit, but COT doctrine says if have deed for part of land, one may also own entire land through adv possession, which is what happened here.

Question 11

Nome 2000 v. Fagerstrom (Squatter)

Answer 11

Plt (Nome) company owned land in area of Alaska which the defs were occupying .
- defs made seasonal use of land
Rule: The actions required for adverse possession depend on the character of the land in question, and the requirements will be met if the land is used for the statutory period as an average owner of similar property would use it.

Question 12

Defenses to Adv Possession

Answer 12

• Trespass claims by true owner
• Defense of ejectment claims by true owner

Question 13

Arguments to Justify Adv Possession (Policy)

Answer 13

Rights/Fairness
- AP likely to value property more than true owner.
Utility/efficiency
- AP prevents valuable resources from being left by allowing a productive user to take title from an unproductive user.
- “You snooze, you lose” – punishes true owners who sit on their rights for too long.
- AP rewards the person who uses, works on, or improves property for a long time.
Justice Oliver Wendell Holmes:
- Adverse possession protects expectations of adverse possessor who has come to shape his roots to the surroundings and when the roots have grown to a certain size, cannot be displaced without cutting at his life.