Adverse possession

Question 1

Adverse possession

Answer 1

Possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title.

Question 2

Adverse possession - elements

Answer 2

COAH
For possession to ripen into title it must be
Continuous
Open and notorious
Actual
Hostile
Possessor;s subjective state of mind is irrelevant

Question 3

Adverse possession - elements

COAH

Answer 3

Continuous - uninterrupted for the statutor period
Open and notorious - the sort of possession the usual owner would make under the circumstances
Actual - actual entry giving exclusive possession (not sharing possession w/true owner)
Hostile - possessor does not have owner’s consent to be there

Question 4

Adverse possession - tacking

Answer 4

One adverse possessor may tack on his time w/the land his predecessor’s time, so long as there is privity (between possessors) which is satisfied by any non-hostile nexus, such as blood, K, deed, or will.
Tacking is NOT allowed when there has been an ouster.

Question 5

Adverse possession - disabilities

Answer 5

The SoL will not run against a true owner who is afflicted by a disability AT THE START of an adverse possession.
Common disabilities: insanity, infancy, imprisonment.