Adverse Possession

Question 1

1) Why AP doctrine?:

Answer 1

want to promote utilization and economically efficient use and distribution of land

Question 2

Real Prop requirements:

Answer 2

Continuous for a statutory period, Hostile or adverse, Open and notorious, continuous for a Statutory period, Exclusivity (must be actual, under a claim of right (believe you own land)) (CHOSE)

Question 3

d) Campbell v Hipawai:

Answer 3

Once you own a tract through AP, continued possession not required
i) F: lower Court erred in statutory period; actions taken may/not be seen as constituting AP

Question 4

e) Marengo Cave v. Ross :

Answer 4

IN (1937) “Indiana Cave”

i) F: Opening to cave on D’s property; large portion of cave is actually under P’s (Ross) land; D had been using cave for 47 years
ii) H: For P; D did not adversely possess because possession was not open and notorious

Question 5

Conversion

Answer 5

Keep in mind: most conversion cases = theft/lost then found; this case = voluntary transferconversion

Question 6

Personal Property Approaches

Answer 6

i) Demand and refusal: S/L starts running when you actually find out where/who prop is
(1) NJ approach: starts running when you should have known
ii) S/L starts when conversion takes place
(1) Problem: most cases: don’t know when converted or who took it (other approaches acknowledge prob)
(2) Songbyrd

Question 7

Songbyrd:

Answer 7

∆ in rightful possession, then used tapes against Byrd’s interest (conversion) by giving to record companies–>S/L started when ∆ converted for own use, not when Byrd demanded return