Adverse Possession

Question 1

Adverse possession

Answer 1

gives trespasser good title w/out owner’s consent

Cannot bring claim against government (public) property

Some jurisdictions have abolished

Question 2

Element 1

(1) Continuous

for period >= SOL

Answer 2

Continuous means used as average owner would

Use by agent is sufficient

Question 3

Element 1

Tacking

Answer 3

include time previous owners adversely possessed land (requires legal transfer)

Question 4

Element 2

(2) Hostile/Adverse

Answer 4

no explicit or implicit permission from title owner (presumed nonpermissive)

Implicit permission: things average owner would let public use land for

Question 5

Element 2

Three Approaches

Answer 5

Objective (MAJ): possessor’s intent doesn’t matter

Good faith (MIN): possessor must have good faith (mistake)

Bad faith (MIN): possessor must have bad faith (intend to claim another’s land)

Question 6

Element 3

(3) Actual possession

Answer 6

use as average owner of that kind of land would (use by agent is sufficient)

Question 7

Element 4

(4) Open and notorious

Answer 7

used openly and obviously enough that reasonably diligent owner would know of adverse claim (or know to investigate)

constructive notice

Question 8

Element 5

(5) Exclusive

Answer 8

deciding who can be on land (what reasonably hospitable person would do is allowed)

Question 9

Element 5

Color of Title

Answer 9

having a invalid deed – possession of part of land establishes possession of all land in deed

May shorten SOL
Some jurisdictions require