ADVERSE POSSESSION Flashcards
1
Q
Adverse Possession (HELUVA)
A
- hostile
- exclusive
- lasting (CL: 20, FL: 7)
- uninterrupted
- visible
- actual possession
- true owner doesn’t need to know
- possessor doesn’t have to think he owns
2
Q
Constructive Adverse Possession (exception to actual possession)(2)
A
X makes some claim to title of land but his claim is not valid -“color of title”-
- land actually possessed bears reasonable relation to whole
- unitary (piece of land one seamless whole)
3
Q
Leased Land (exception to actual possession)
A
leasing land to a 3rd p constitutes possession
4
Q
Adverse Possession against CONCURRENT OWNERS
A
NO against co tenant UNLESS co tenant in possession EXCLUDES others from and statutory period runs
5
Q
Adverse Possession and FUTURE INTERESTS (when does the clock start?)(3)
A
- life tenant and remainder men: doesn’t run until int possessory
- FSD and possibility of reverter: when condition occurs
- FS on Cond Sub and right of re-rentry: when g’or exercises right of entry
6
Q
Tacking
A
adv possessor may TACK together successive periods in order to satisfy statutory period (can tack successive periods of ownership as well)
7
Q
Disabilities ( I cubed)
A
- Infancy
- Incarceration
- Insanity
- close does not run until true owner FREE OF DISABILITY
- NO TACKING