ADVERSE POSSESSION

Question 1

Adverse Possession (HELUVA)

Answer 1

1. hostile
2. exclusive
3. lasting (CL: 20, FL: 7)
4. uninterrupted
5. visible
6. actual possession
   - true owner doesn’t need to know
   - possessor doesn’t have to think he owns

Question 2

Constructive Adverse Possession (exception to actual possession)(2)

Answer 2

X makes some claim to title of land but his claim is not valid -“color of title”-

1. land actually possessed bears reasonable relation to whole
2. unitary (piece of land one seamless whole)

Question 3

Leased Land (exception to actual possession)

Answer 3

leasing land to a 3rd p constitutes possession

Question 4

Adverse Possession against CONCURRENT OWNERS

Answer 4

NO against co tenant UNLESS co tenant in possession EXCLUDES others from and statutory period runs

Question 5

Adverse Possession and FUTURE INTERESTS (when does the clock start?)(3)

Answer 5

1. life tenant and remainder men: doesn’t run until int possessory
2. FSD and possibility of reverter: when condition occurs
3. FS on Cond Sub and right of re-rentry: when g’or exercises right of entry

Question 6

Tacking

Answer 6

adv possessor may TACK together successive periods in order to satisfy statutory period (can tack successive periods of ownership as well)

Question 7

Disabilities ( I cubed)

Answer 7

1. Infancy
2. Incarceration
3. Insanity

• close does not run until true owner FREE OF DISABILITY
• NO TACKING