Adverse possession Flashcards
1
Q
Basic concept
A
Possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title.
2
Q
Elements
A
- Continuous use for the statutory period
- Exclusive use
- Open and notorious use (the sort of possession the usual owner would make under the circumstances)
- Actual (the entry must be literal—cannot be symbolic, like a letter of intent)
- Hostile (O did not give consent)
- Possessor’s subjective state of mind is irrelevant.
3
Q
Tacking
A
One adverse possessor may tack on to his time with the land his predecessor’s time, so long as there is PRIVITY: any non-hostile nexus, such as blood, contract, deed, will.
- Tacking is not allowed when there has been an ouster.
4
Q
Disabilities
A
The statute of limitations will not run against a true owner who is afflicted by a disability AT THE START of the adverse possession.
- Common disabilities: insanity, infancy, imprisonment.
