Adverse Possession

Question 1

Prevents frivolous claims by barring old, stale claims for recovery of land
Encourages development by punishing the idle and neglectful owner and rewarding the industrious user
Corrects title defects
Protects personhood

Answer 1

Justification for AP

Question 2

Actual possession
Exclusive possession
Open and notorious possession
“Adverse and hostile” possession
Continuous possession
Required statutory period

Answer 2

Elements of AP

Question 3

The adverse possessor must physically use the land in the same manner that a reasonable owner would use the land

Answer 3

Actual Possession

Question 4

The adverse possessor must claim the land for himself and must not share the land with the true owner or with the general public

Answer 4

Exclusive Possession

Question 5

The claimant’s possession must be visible and obvious so if the true owner made a reasonable inspection of the land, the true owner would become aware of the adverse possessor

Answer 5

Open and Notorious Possession

Question 6

Adverse possessor uses the land as a reasonable owner would, without permission from the true owner
The adverse possessor’s state of mind is not relevant

Answer 6

Adverse and Hostile Possession

Majority view - objective test

Question 7

Adverse possessor must believe in good faith that she owns the land

Answer 7

Adverse and Hostile Possession

Minority view – good faith test

Question 8

Adverse possessor must know she does not own the land and must intend to take title from the true owner

Answer 8

Adverse and Hostile Possession

A few states – intentional trespass

Question 9

The required continuity varies depending on the location, nature, and character of the land
Whether an adverse possessor’s occupancy is “continuous” is measured by how often a reasonable owner of property of the same character, location, and nature would use it.

Answer 9

Continuous Possession

Question 10

Varies from state to state, ranging from 5 years to 40 years

Most common: 10, 15 and 20 years

Answer 10

Statutory Period

Question 11

A deed, judgment, or other written document that purports to transfer ownership of property, but is invalid for some reason

Answer 11

Color of Title

Question 12

A claimant can be________ to another’s title even if the claimant believes in good faith that he owns the land.

Answer 12

“hostile”

Question 13

State of mind is not relevant
If the adverse possessor uses the land without permission as a reasonable owner would use the land, the “adverse and hostile” element is met

Answer 13

Adverse Possessor State of Mind

Objective standard (majority approach)

Question 14

Adverse possessor must believe in good faith that she owns the land
I thought I owned the land”

Answer 14

Adverse Possessor State of Mind

Good faith standard (minority approach)

Question 15

Adverse possessor must know she does not own the land and must intend to take title from the true owner
“I know I do not own the land but I intend to make it mine”

Answer 15

Adverse Possessor State of Mind

Intentional trespass standard (only a few jurisdictions)

Question 16

_______ is permitted only when the successive occupants are in “privity of estate”

Answer 16

Tacking

Question 17

Usually a deed covers part of the land- & reasonable connection between parties

Answer 17

Privity-

Question 18

The privity requirement is usually satisfied when one occupant transfers his rights in the property to a successor by _____

Answer 18

deed

Question 19

An occupant may ______ his adverse use to that of his predecessor where the land was intended to be included in the deed between them but was mistakenly omitted

Answer 19

tack

Question 20

An occupant may tack his adverse use to that of his predecessors even if the _________ ______ describe the entirely wrong property

Answer 20

successive deeds

Question 21

Statutory period for adverse possession is ______ when the owner is not capable of protecting his interests due to a “disability”

Answer 21

tolled

Question 22

Minority (also called infancy)
Lack of mental capacity (also called insanity)
Incarceration/imprisonment

Answer 22

Commonly recognized disabilities:

Question 23

Absence due to military service

Residency in another state

Answer 23

Other disabilities recognized in some jurisdictions:

Question 24

Disabilities _________ be tacked together

Answer 24

cannot

Question 25

Majority approach: property owner has a limited period of time after the disability ends to bring suit against the adverse possessor
Minority approach: the statutory period is suspended or tolled until the disability ends
In many states, a disability extends the statutory period only if the disability
existed before the time the adverse possession began

Answer 25

how a disability affects the statutory period