Adverse Possession Flashcards
1
Q
Adverse Possession
A
(1) Actual Entry
(2) Open and Notorious
(3) Exclusive
(4) Hostile (without permission of the owner)
(5) Continous for the statutory period
2
Q
AP and Tacking
A
AP may tack so long as their is privity (descent, deed, will, written/ oral contract or permission)
3
Q
Disabilities
A
DO NOT TACK!
Generally defined by statute. Take a snapshot of when the AP began and if the TO had a disability. To calculate, add 10 years from when the disability was removed and compare to the statutory period required for AP. Apply whichever is the longest (most beneficial to the TO).
