Adverse Possession

Question 1

What is the property right granted by adverse possession?

Answer 1

Title

Question 2

What are the elements of adverse possession:

COAH

Answer 2

1. Continuous
2. Open and notorious
3. Actual
4. Hostile

Question 3

What constitutes “continuous” for adverse possession?

What is the NY definition?

Answer 3

Uninterrupted for the statutory period

NY: 10 years

Question 4

What constitutes open and notorious for adverse possession?

Answer 4

The sort of possession the usual owner would exercise under the circumstances

Question 5

What constitutes “actual” entry for adverse possession?

Answer 5

Entry that gives exclusive possession

Possessor is not sharing with the true owner

Question 6

What constitutes hostile for adverse possession?

Answer 6

Possessor does not have the true owner’s consent to be there

Question 7

What are the rules for possessor’s subjective intent for adverse possession?

(MBE)
(NY)

Answer 7

Multistate: Possessor’s subjective state of mind irrelevant

NY: Possessor must have a good faith belief (mistaken) that the land that he is occupying is indeed his

Question 8

NY QUESTION

What is considered bad faith in NY for adverse possession?

Answer 8

Claimant knows that he is occupying another’s land

defeats adverse possession

Question 9

What are the tacking rules for adverse possession?

Answer 9

One adverse possessor may tack a predecessor’s time so long as there’s privity between successive possessors (any non-hostile nexus)
(blood; contract; deed; will)

Question 10

When is tacking for adverse possession NOT allowed?

Answer 10

When there has been an ouster

ouster defeats privity

Question 11

What is the rule regarding disability for adverse possession?

Answer 11

Statute of limitations does not run against a true owner who is disabled AT THE START OF ADVERSE POSSESSION
(infancy; insanity; imprisonment)