Adverse Possession Flashcards
Adverse Possession (prompt)
A person may obtain title to a property by fulfilling the requirements of adverse possession. Title by AP results if the owner does not eject a possessor of his land within the statutory period. Must have:
- Actual/Exclusive
- Open/Notorious
- Hostile/Adverse
- Continuous
Actual and Exclusive
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
Color of title
Where the possessor enters the land under color of title, 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.
Open and Notorious
Open and Notorious means that the AP is using the land as the original owner would have used it. Additionally, the AP’s presence must be sufficient to put the true owner on notice of AP’s possession.
Hostile/Adverse
Hostile means that the AP did not have the true owners permission to enter onto the land.
- Maine Doctrine
- Connecticut Doctrine
- Good Faith
Maine Doctrine
The AP must know that he is trespassing in order to obtain title through AP
Connecticut Doctrine
Mere possession of the land is required. The AP does not have to show knowledge of the trespass.
Good Faith Doctrine
Opposite of Maine Doctrine. AP must believe that the property he is occupying is his own.
Continous
In order for the AP 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 property.
Tacking
An AP may tack all the time spend in possession by himself and all those with whom he is in privity.
Extending the Statutory Period
Statute of limitations is suspended if the true owner is a minor, in jail, or has a mental incapacity, at the time the adverse possessor entered onto the land.
