Adverse Possession

Question 1

Adverse Possession

Answer 1

A person may obtain legal title to a property by fulfilling the requirements of adverse possession. Title by adverse possession results if the owner of the property does not eject a possessor of his land within the statutory period.

For a person to take title by adverse possession he must have 1) Actual and Exclusive possession of the land, 2) his possession must be open and notorious, 3) his possession must be adverse or hostile, and 4) his possession must have been continuous throughout the statutory period. Here,

Question 2

Actual/Exclusive

Answer 2

An actual possessor will gain title only to the land in which he has actually and exclusively occupied the property for which he is seeking title. Here,

Question 3

Color of Title

Answer 3

The exception to Actual/Exclusive is when the adverse possessor enters the land under a color of title (a document purporting to convey title) to the entire parcel, his continuous and actual possession of a small part of that parcel will perfect his title to the entire parcel defined in his color of title. Here,

Question 4

Open and Notorious

Answer 4

Open and Notorious means that the adverse possessor is using the land as the original owner would have used it. Additionally, the adverse possessor’s presence must be sufficient to put the true owner on notice of his or her possession. Here,

Question 5

Hostile/Adverse

Answer 5

Hostile means that the adverse possessor did not have the true owner’s permission to enter onto the land. Here,

Question 6

Hostile/Adverse - Maine Doctrine (Bad Faith)

Answer 6

The Maine Doctrine is also called the Bad Faith Doctrine. It requires that in order to obtain title, the adverse possessor must know that he is trespassing on the land. Here,

Question 7

Hostile/Adverse - Connecticut Doctrine (Mere Possession)

Answer 7

The Connecticut rule defines hostile as simply the occupation of the land, the adverse possessor may or may not know that he is trespassing. Here,

Question 8

Hostile/Adverse - Good Faith

Answer 8

The Good Faith Doctrine is the exact opposite of the Maine Doctrine. It requires that the adverse possessor believe that the property he is occupying is actually his own. Here,

Question 9

Continuous Throughout Statutory Period

Answer 9

In order for the adverse possessor to obtain title, the possession of the land must be continuous through the statutory period. Intermittent periods of occupancy is NOT sufficient, unless that is the type of use that is typical of that type of property. Here,

Question 10

Tacking

Answer 10

An adverse possessor may tack all the time spent in possession by himself and those with whom he is in privity. Here,

Question 11

Extending the Statutory Period

Answer 11

There are particular circumstances in which the true owner does not have the opportunity to use his property in a way that is most beneficial, and thus the time for the statute of limitations would be suspended. Those cases are limited to if the true owner is a minor, in jail, or has a mental incapacity at the time the adverse possessor entered the land. Here,