Adverse Possession Flashcards
What is adverse possession?
Possession, for a statutorily prescribed period of time can, if certain elements are met, ripen into title.
What are the elements of adverse possession?
Remember COAH!
Continuous: uninterrupted for the statutory period
Open and Notorious: the sort of possession the usual owner would make under the circumstances.
Actual: must have actual entry/possession.
Hostile: the possessor does not have the owner’s permission to be there.
What is tacking?
One adverse possessor may tack on to his time with the land his predecessor’s time, so long as there is privity, which is satisfied by any non-hostile nexus, such as blood, contract, deed, will, etc.
**NOTE: **Tacking is not allowed when there has been an ouster.
How does disability affect the running of the statute of limitations?
The statute of limitations will not run against a true owner who is afflicted by a disability at the start of adverse possession. Common disabilities include insanity, infancy, and imprisonment.
Note: this means that if someone becomes disabled in the middle of the adverse possession term, the statute will not toll.
