Adverse Possession Flashcards
1
Q
What is the basic concept of adverse possession?
A
possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title
2
Q
what are the elements of adverse possession?
A
- Continuous - uninterrupted possession for statutory period
- Open and Notorious - sort of possession usually would have under the circumstances
- Actual - entry must be literal
- Hostile - possessor does not have owner’s possession
3
Q
Can you “tack” onto another’s adverse possession time?
A
Yes - so long as there is privity, satisfied by any non-hostile nexus, such as blood, contract, deed, will
4
Q
When is tacking not allowed for adverse possession?
A
when there has been ouster
5
Q
Does the adverse possession statute take into account disabilities?
A
yes - the statute of limitations will not run against a true owner who is afflicted by a disability at the start of adverse possession (insanity, infancy, imprisonment)
