Adverse Possession

Question 1

For possession to ripen into title, it must be . . .

Pneumonic?

Answer 1

COAH

Continuous (uninterrupted for the statutory period)

Open and notorious (sort of possession the usual owner would make under the circumstances)

Actual (actual entry giving exclusive possession)

Hostile (possessor does not have the owner’s consent to be there)

Question 2

In what respect is the possessor’s subjective state of mind relevant?

Answer 2

It’s not.

Question 3

What pneumonic do we use to remember the elements of adverse possession?

Answer 3

COAH

Question 4

What is the basic concept of tacking?

Answer 4

One adverse possessor may tack on to his time with the land his predecessor time.

Question 5

What is required to establish tacking?

Answer 5

A non-hostile nexus between A and A-1 such as blood, contract, deed, will, etc.

Question 6

In which situation is tacking NOT allowed?

Answer 6

When there has been an ouster

Question 7

O owned BA in 1990 when A entered adversely. A was on her way to satisfying the elements of AP when, in 1996, Mr. X ousted her. Mr. X stays on the land through 2010. Our jurisdiction has a 20-year SOL. In 2010, who owns BA? Explain

Answer 7

O.

Ouster defeats privity, thus no tacking allowed.

Question 8

For a disability to prevent the SOL from running against a true owner, what must be true?

Answer 8

The disability must afflict the true owner AT THE START of the AP period.

Question 9

Is insanity a disability for AP purposes? Infancy? Imprisonment?

Answer 9

Yes x3

Question 10

O owned BA in 1990 when A entered adversely. In 2000, O went insane. In 2010, O recovered. Our jurisdiction has a 20 year SOL. In 2010, who owns BA?

Explain

Answer 10

A, assuming she met all AP elements

O cannot claim the benefit of disability because he wasn’t insane when the AP began.