Adverse Possession

Question 1

Elements of Adverse Possesion

Answer 1

• Open, visible, and notorious
• Actual
• Exclusive
• Hostile under claim of title or right
• Continuous for statuory period

Question 2

Actual possession

Answer 2

∆ is on the premises physically

Question 3

Constructive Adverse Possession

Answer 3

Requires color of title (usually defective deed)

+

actual possession of at least a significant part of the premises

Question 4

Hostile

Answer 4

• ∆ hold the property in a manner inconsistent with the rights of the owner
• element is satisfied if the possessor intends to be on the premises, regardless of whether the possessor knows that the premises are owned by someone else.