Adverse Possession

Question 1

Factors for AP

Answer 1

Exclusive
Continuous
Hostile
Open and notorious

Question 2

Continuous factor

Answer 2

uninterrupted for a specific period of time (statutory)

Seasonal or infrequent use is fine if it makes sense with the type of property

Does NOT run if owner has a disability (insanity, infancy, imprisonment)

Question 3

tacking

Answer 3

can tack on predecessor’s time as long as there is PRIVITY between the successive possessors

Privity = descent, devise, k, deed

NO GAPS

NOT allowed when there was an ouster

Question 4

Actual/Open/Notorious

Answer 4

Such that a reasonable owner would become aware of the claim

Hidden/underground uses cant satisfy this

Question 5

Hostile

Answer 5

without permission AND with intent to claim the land as his own

Some jx, intent is irrelevant

Some jx require good faith belief, some require bad faith

Question 6

Exclusive

Answer 6

NOT shared possession with the true owner (but can be shared with another adverse person –> TIC)

Question 7

Constructive adverse possession

Answer 7

when someone uses property under color of title (bad will/deed) and only possesses a portion of it, they can still get the whole!!

So long as amount possessed is a reasonable portion of the whole