Adverse Possession Flashcards
What is Adverse Possession?
Taking real property from the record owner without express consent or compensation
Protects those who think they own the land but error in recording system
What is the purpose of Adverse Possession?
Protect those who think they own land
utilize land vs it sitting untouched by actual owners
Helps resolve disputes over property ownership
What is ‘Tacking’ in the context of Adverse Possession?
Using previous adverse possessors’ occupancy to link to current possession
Normally requires privity to link possessors
What is ‘Color of Title’?
A legal document that wrongly purports to convey title
May be a requirement for Adverse Possession depending on the state
What is the difference between the Maine Doctrine and the Connecticut Doctrine regarding Adverse Possession?
Maine requires intentional claim of ownership; Connecticut allows for mistaken belief of ownership
Maine protects owners from unintended encroachments
How can Adverse Possession be used defensively?
As an affirmative defense if a plaintiff tries to force a defendant off land
Can prevent eviction in certain situations
How can Adverse Possession be used offensively?
By filing a quiet title action to claim legal ownership of land
This is a proactive legal measure
What determines the Statute of Limitations in Adverse Possession?
How long the true owner has to bring a claim to recover land
Clock starts when adverse possessor enters land; varies by state
What is a Warranty Deed?
A deed that includes a promise of good title
Provides assurance to the buyer regarding ownership
What is a Quitclaim Deed?
Transfers property without any warranty or representation regarding title
Often used to relinquish any claim to a property
What are the elements of adverse possession
“C.H.E.A.T.”
- Continuous
- Hostile/Adverse
- Exclusive
- Actual
- Told (Open & Notorious)
What is a quiet title action?
A quiet title action is a lawsuit filed to establish or confirm legal ownership of a piece of property and “quiet” any competing claims.
