Adverse Possession Flashcards
Adverse Possession
A method of transferring interests in land without the consent of the prior owner; and even in spite of dissent of such owners
Reasons for adverse possesion
- Reward those using the land in a way beneficial to the community
- To quiet all titles which are openly and consistently asserted, to provide proof of meritorious title, and to correct errors in conveyancing.
UPET
Use, Possess, Exclude, Transfer
Adverse Possession Elements
- actual entry
- exclusive occupancy
- Open and Notorious
- Adverse
- claim of right
- Continuous
Actual Entry
more than simply entering the land, it is when the occupation of the land begins and triggers the statute of limitation
Exclusive Occupancy
must be possessing the property in a way that excludes others (not using in conjunction with either the owner or members of the public).
Open & Notorious
The entry and occupation must put reasonably attentive property owners on notice that someone is on their property
Adverse
Against the wishes of the owner (owner cannot consent)
Claim of right
Treating the property as the owner
Continuous
Must use as a normal owner would.
Color of Title
A claim founded on a written instrument (a deed or will) or some judgment or decree that is for some reason defective and invalid.
Bad Faith Doctrine
Maine Doctrine - Intention of the occupant to claim the ownership of land not embraced in his title is a necessary element of adverse possession. In the case of mistake… occupancy must appear to be absolute, and not conditional; otherwise, the possession will not be deemed adverse to the true owner
Objective Doctrine
CN Doctrine - Do not look at the intention of the possessor. The very nature of the act (entry and possession) is an assertion of his own title, and the denial of the title of all others.
