Adverse Possession

Question 1

What are the five elements of adverse possession?

Answer 1

1) Hostile
2) Exclusive
3) Open & Obvious
4) Continuous
5) Actual

Question 2

Adverse Possession as a Property Right/defense

Answer 2

When a person with title sues for trespass, an adverse possessor can raise Adverse possession as a defense and say they are validly there and they cannot be ejected.

Question 3

Quiet Title

Answer 3

Allows you to get judicial order allowing you to record new deed or change of deed. Judge orders new recording and updates registry of deeds. Requires clear and convincing evidence in most states (so must be higher than preponderance of the evidence).

Question 4

Hostile

Answer 4

Must not be permitted by record owner. Must be inconsistent with the rights of the record owner.

Question 5

Exclusive

Answer 5

The use is solely by the AP’er not by the general public. Cannot be the case where all the neighbors or public use the same property for the same purpose. If its public use then it would be an easement.

Question 6

Open & Notorious

Answer 6

If the record owner went to the proeprty it would be obvious that adverse possession is ongoign. Behavior must put world on notice of the nature of the claim.
Ex: professor question on what is more obvious, mowing the lawn or placing furniture on the corner of a lot? Answer - mowing grass creates a clear line in the grass of the change where as the corner being occupied by furniture may not.

Question 7

Actual

Answer 7

Physical occupation of the land in a way that the owner would expect. Context is important.

Question 8

ContinuousN

Answer 8

Must be for the requisite statutory period. Generally means 24/7/365 but context is used.
Seasonal use of a seasonal property is continuous (quiz question example of skiing cabin occupied during skiing season from Jan to Apr).
Tacking (selling to someone else for them to take over AP) - enables succession of AP to collectively satisfy the statutory period. Selling an encroaching house counts as tacking.
Tolling - pauses period for various disability like infancy like owner is a minor.

Question 9

Can you AP government land?

Answer 9

No

Question 10

Why is AP allowed?

Answer 10

Reliance - You’ve relied on the idea of where a property line may be and the cost to remedy would be disproportionate to the mistake and thus AP makes more sense.
Labor theory - you put in work and thus are deserving. Undeserving owner where we want land development, we don’t want sleeping owners.
Administrability of the property system - deed issues are so extensive that AP creates judicial settlement as quiet titles to be issued.