Adverse Possession

Question 1

Elements: Basic Concept

PA DISTINCTION

Answer 1

Possession for a statutorily prescribed period of time can, if certain elements are met it ripens into title.

PA DISTINCTION: Stat period 21 years

Question 2

COAH

Answer 2

For possession to ripen into title it must be:

1. Continous: uninterupted for statutory period
2. Open and Notorious: sort of possession usual owner would make under the circumstances, sufficiently apparent to put owner on notice
3. Actual: entry must be literal, possession literal, colort of title
4. Hostile: possessor does not have owners consent to be there

• NOTE: POSSESSOR’S SUBJECTIVE STATE OF MIND IS IRRELEVANT.

Question 3

Tacking & Disabilities

Answer 3

1. Tacking: One adverse possessor may tack on to his time with the land his predecessor’s time, so long as there is privity, which is satisfied by any non-hostile nexus, such as blood, contract, deed, will.
   
   • Tacking not allowed when there has been an ouster.
2. Disabilities: 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.