Adverse Possession Flashcards

1
Q

Adverse Possession

A
  • Statute of Limitations in ejectment cut off the true owner’s right to recover possession in her land
  • Once the statute of limitation runs, the true owner loses title to the property
  • The issue is whether the person on the true owner’s land is either in trespass or obrained title by adverse possession
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2
Q

Six Requirements for Adverse Possession

A

H-E-L-U-V-A

  1. Hostile
  2. Exclusive
  3. Lasting
  4. Uninterupted
  5. Visible; and
  6. Actual
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3
Q

Hostile Requirement for Adverse Possession

A

X is on the land with no right to be there

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4
Q

Exclusive Requirement for Adverse Possession

A

X must be excluding others from use of the property

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5
Q

Lasting Requirement for Adverse Possession

A
  • must last for statutory period
  • common law period is 20 years
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6
Q

Uninterupted Requirement for Adverse Possession

A

The kind of cuntinuous uninterupted use that an ordinary owner of the property would use

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7
Q

Visible Requirement for Adverse Possession

A

Use of the possession is out in the open - “Open and Notirious”

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8
Q

Actual Requirement for Adverse Possession

A

The adverse possessor must actually possess the land to obtain title - subject to 2 exceptions

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9
Q

The 2 exceptions to actual possession element of adverse possession

A
  1. Doctrine of Constructive Adverse Possession
  2. Leased Land
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10
Q

Doctrine of Constructive Adverse Possession Exception to actual possession for adverse possession

A

Expands the adverse possessors right to the land to the full extent of the title, subject to 2 limitations

  1. the amount of land possessed must be reasonably related to the whole
  2. the property must be unitary - a seemless whole
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11
Q

Leased Land Exception to Actual Possession for Adverse Possession

A

Leasing land to a 3rd party constitutes possession for purposes of establishing adverse possession

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12
Q

Adverse Possession Against Concurrent Owners

A
  • No adverse possession against the co-tenant unless the co-tenant in possession excludes the other from possession and the statutory period runs
  • The exclusion begins the clock to run
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13
Q

Adverse Possession for Life Tenent and Remaindermen

A

The clock does not begin to run against the holder of a future interest until the interest becomes possessory

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14
Q

Adverse Possession to Fee Simple Determinable and the Possibility of Reverter

A

The happening of the condition begins the clock running

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15
Q

Adverse Possession: Fee Simple on Condition Subsequent and the Right of ReEntry

A

Clock doesn’t run till grantor decides to exercise his right to re-entry

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16
Q

Tacking

A
  • Adverse possessor can tack together successive periods of adverse possession to satisfy the statutory period
  • Successive periods of true ownership can be tacked
  • There mustbe no gaps
17
Q

Disabilities Rule to Adverse Possession

A
  • If the true owner is suffering from a disability at the time period the adverse possession begins, the clock for adverse possession will not begin to run until the true owner is free of the disability.
  • If the disability was not in existence at the time the disability began, then the clock will not be stopped
  • No tacking of disabilities
18
Q

Types of Disabilities for True Owner

A
  1. Infancy
  2. Incarceration
  3. Insantity

3 “I”s

19
Q

Government Land and Adverse Possession

A

Cannot adversely possess government land

20
Q

Marketability of Title Aquired by Adverse Possession

A

Title acquired by adverse possession is not marketable until there is an action brought to quiet the title