Adverse Possession

Question 1

What are the 5 elements that have to be met for adverse possession of real property?

Answer 1

1. Hostile
2. Exclusive
3. Open and notorious
4. Actual
5. Continuous for 10 years

Question 2

What are the 3 indicators for adverse possession being hostile?

Answer 2

1. can’t be by permission/must be trespass
2. fence is good evidence
3. must be occupying land as if it were their own

Question 3

What are 2 indicators of adverse possession being open and notorious?

Answer 3

1. visible acts of ownership

2. never tried to hide

Question 4

What are 2 indicators of adverse possession being actual?

Answer 4

1. actually using the land

2. fence helps

Question 5

What is a forced sale of adversely possessed real property?

Answer 5

If an innocent trespasser of a small portion of land cannot without great expense remove or eliminate the encroachment or such removal is impractical or could be accomplished only with great hardship, the true owner may be forced to sell the land upon payment of fair value without regard to whether the true owner was aware of the encroachment.

The court generally does a balancing test to compare hardship

Question 6

What is the maine doctrine?

Answer 6

When the trespasser must know they are trespassing - an innocent trespasser cannot get adverse possession

required a hostile intent as an essential element of adverse possession but this added an unnecessary complication.

Question 7

What is MO take on adverse possession of real property?

Answer 7

MO does not care about intent

Tacking in adverse possession is allowed in MO if the parties are proven to be in privity

Question 8

How is adverse possession of chattels different from adverse possession of real property?

Answer 8

Mostly the same but adverse possession of chattels considers whether the possessor has been hiding the property or using it out in the open

Question 9

What is the discovery rule to adverse possession of chattels?

Answer 9

that the SOL doesn’t begin until actual or constructive knowledge gained from due diligence

Question 10

what is the Guggenheim rule to adverse possession of chattels?

Answer 10

once the original owner asks for the property back, the SOL begins

Question 11

What is MO take on adverse possession of chattels?

Answer 11

Mere ignorance of where property is located is not sufficient for concealment by itself.

if the odds of finding something are very small, due diligence could be just looking shortly

10 years to recover in MO

Question 12

what is the key to adverse possession of chattels?

Answer 12

concealment

Question 13

Manillo v. Gorski



Answer 13

ADVERSE POSSESSION

A minor encroachment upon the land of another is not considered to satisfy the open and notorious requirement of adverse possession.

Question 14

May a minor encroachment onto the land of another satisfy the open and notorious requirement of adverse possession?

Answer 14

No. This may be state specific but generally adverse possession is not based on the mistaken belief that the possessor has title.

Question 15

What are the 5 requirement to adverse possession of chattels?

Answer 15

1. Hostile
2. Actual
3. Open and Notorious
4. Exclusive
5. Continuous for 5 years

Question 16

O’Keefe v. Snyder

Answer 16

ADVERSE POSSESSION

Under the discovery rule, the SOL on a replevin action begins to run when the original owner knows or reasonably should know through the exercise of due diligence that: (1) the existence of the cause of action, and (2) the identity of the person in possession of the chattels.

Question 17

Does the SOL on a replevin action start to run when a chattel is lost or stolen?

Answer 17

No, under the discovery rule, the SOL for replevin does not start running until the owner knew or reasonably should have known by exercising due diligence.

Question 18

Why is visible acts of ownership in adverse possession of chattels difficult to show?

Answer 18

Because of easily portable and concealable property