Adverse Possession

Question 1

Adverse Possession

Answer 1

Seeks to bar the original owner from possession and vests perfect title in the adverse possessor as if he took by will or deed.

Hostile - Possessor must have intended to claim the land as his own, in derogation of the rights of anyone else including the true owner.
Open and Notorious - Possession must be of such a character as to put the rightful owner on notice that they should protect their interest in the property.
Actual - Using the land consistent with the properties character.
Continuous - For the statutory period or 20 years (common law), without interruption by the owner.

Question 2

Tacking

Answer 2

When adverse possessor tacking on the period of other parties. Requires privity between the parties.

Question 3

Color/Non-Color of Title

Answer 3

With Color of Title - Adverse possessor entered pursuant to written instrument, but instrument is defective this will satisfy hostility requirement. Claim extends to what instrument stated.

Without Color of Title - Claim only extends to portion of property actually occupied.

Question 4

Disabilities

Answer 4

If the owner was under a disability to sue at the time that the adverse possessor went on to the property, the statute of limitations is tolled as long as the disability continues. Infancy, insanity, imprisonment