Adverse Possession

Question 1

Elements of Adverse Possession

Answer 1

COAH
1-Continuous–uninterrupted for statutory period
2-Open and notorious–the sort of possession the usual owner would make under the circumstances
3-Actual–entry must be literal
4-Hostile–possessor doesn’t have owner’s consent to be there
NOTE–possessor’s subjective state of mind is irrelevant

Question 2

Tacking

Answer 2

• one adverse possessor may tack on to his time w/ the land his predecessor’s time, so long as there is privity, which is satisfied by any non hostile nexus, such as blood, K, deed, will
• tacking is NOT allowed when there’s been an ouster

Question 3

Disabilities

Answer 3

• 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 include: insanity, infancy, imprisonment