Adverse Possession

Question 1

Possession for a statutorily prescribed period of time can, if certain elements are met, can?

Answer 1

Ripen into a title

Question 2

What are the 4 elements of Adverse Possession? COAH

Answer 2

C: Continuous - Uninterrupted for the statutory period
O: Open and Notorious - The sort of possession the usual owner would make under the circumstances
A: Actual - The entry must be literal and physical
H: Hostile - The possessor does not have the owners consent to be there
*NOTE: POSSESSOR’S SUBJECTIVE STATE OF MIND IS IRRELEVANT.

Question 3

What is tacking with reference to adverse possession?

Answer 3

One adverse possessor may tack on to his time with the land his predeces- sor’s time, so long as there is privity which is satisfied by a non-hostile nexus, such as, blood, a contract, a deed or a will; Tacking is not allowed where there has been an ouster

Question 4

Tacking Question: O owned Blackacre in 1990 when A entered adversely. A was on her way to satisfying the elements of adverse pos- session when, in 1996, Mr. X ousted her. Mr. X stays on the land through 2010. Our jurisdiction has a 20-year statute of limitations. In 2010, who owns Blackacre?

Answer 4

O - Ouster defeats privity therefore no tacking allowed

Question 5

What is the rule for disabilities?

Answer 5

The statute of limitations will not run against a true owner who is afflicted by a disability at the start of adverse possession

Question 6

What are common disabilities that disallow adverse possession?

Answer 6

Insanity, infancy, imprisonment

Question 7

Disability question: O owned Blackacre in 1990 when A entered adversely. In 2000, O went insane. In 2010, O recovered. Our jurisdiction has a 20-year statute of limitations. In 2010, who owns Blackacre?

Answer 7

A, assuming that she has met the COAH elements. O cannot claim the benefit of the disability because he was not suffering at the start of the adverse possession