Adverse Possession

Question 1

Adverse Possession - Gral

Answer 1

• Use/enjoyment of property with claim of right when ECHO reqs
• Period of time ripens possession into title of record through “Quiet title action”
• similar application for easement by prescription

Question 2

Adverse Possession - ECHO elements

Answer 2

• Exclusive
• Continuous
• Hostile
• Open and Notorious

Question 3

Adverse Possession - Exclusive

Answer 3

• Physical possession exclusive towards the world
• All T’s in common at the same time
• Tenant’s possession imputed to its landowners possession.

Question 4

Adverse Possession - ECHO -Continuous

Answer 4

• Physical possession + use for entire statutory period
• Common: 15-20 years - some states less when “under color of title”
• Seasonal use can also be considered continuous

Question 5

Adverse Possession - “Under Color of Title”

Answer 5

Defective deed fails to meet all SADD requirements but with active conduct (i.e. pay taxes of the property)

Question 6

Adverse Possession - ECHO -Continuous - Tack Time for prescription

Answer 6

• For successive adverse possessors when uninterrupted and privity exists
• Allowed also against succeeding property owners

Question 7

Adverse Possession - ECHO - Continuous - Tolling of Time for prescription (suspension)

Answer 7

• If property owner incapacitates/insane/imprisoned
• If disabled: until read of all dissabilities
• Until owner reaches age of capacity if infant

Question 8

Adverse Possession - ECHO - Hostile

Answer 8

• No permission/consent: i.e. LL and T, or lack of objection
• Boundary disputes
• Under color of law (defective deed)
• Few states recognize “squater rights - problem is that is never going to be bona fide

Question 9

Adverse Possession - ECHO - Hostile - Boundary dispute rules

Answer 9

• Most courts held hostility req satisfy by adjacent owner who mistakenly believes land is within the boundary of his property
• When agreement in boundary as result of previous raised dispute - will probably be enforced even when not complying with SOF

Question 10

Adverse Possession - ECHO - Open and Notorious

Answer 10

• Not secret or hidden
• Needs to possibly allow owner knowledge of adverse possession
• i.e. build structure, fence, post sign, etc.

Question 11

Adverse Possession - Constructive Adv Poss rule

Answer 11

Claim possession for entire property even when using only 1 part.

Reqs: 1) Entire parcel 1 in record + 2) have color of title

Question 12

Adverse Possession - Co- tenants rule

Answer 12

When 1 co-t in exclusive possession - other co-t’s entitled to assume that he is not adv possessing them.

UNLESS: possessor gives notice to other co-t’s by ousting them or refuse to admit them to the premises.

Question 13

Adverse Possession - Mineral Estates Rule

Answer 13

• Considered separate from parcel
• Requires trespass both into property and taking of minerals and satisfy ECHO for both of them.

Question 14

Adverse Possession - Future Interests Rule

Answer 14

• Advpos only possible requires owner to be able to possess land.
• ECHO reqs (and begin statutory period) once interest becomes possessory (also time when eviction action could be presented)

Question 15

Adverse Possession - Encroachment

Answer 15

• Illegal intrusion into someones property - as trespass and when statutory period begins to run
• Can be remedy with quiet title action to produce eviction
• Few cases allow for dx when cost of eviction exceeds benefit to be gained by land owner (i.e. building encroaching 3 feet into neighbors property)

Question 16

Adverse Possession - Termination causes (4)

Answer 16

1) Owners suits for eviction
2) Reenters the property to regain possession
3) Owners purchase adv pos interest - merger of interests
4) Abandonment by possessor (temporary interruption not enough)

Question 17

Adverse Possession - Termination - Abandonment Effects

Answer 17

1) No tacking of time
2) Statutory period starts from new once possession is re-gained