Adverse Possession

Question 1

AP requirements

Answer 1

COAH: continuous use throughout the statutory period, open and notorious use (using it as an owner would), actual and exclusive use, hostile use (no consent)

Question 2

Running of Statute

Answer 2

Begins to run when claimant goes adversely into possession (point at which true owner could first bring suit)

Question 3

Possession of a Part

Answer 3

Actual possession of a portion of the tract of land is sufficient adverse possession as to give title to the whole of the tract of land after the statutory period as long as there is reasonable proportion between the portion possessed and the whole and possessor has color of title to the whole (doc that purports to give title)

Question 4

Tacking

Answer 4

If two diff people adversely occupy, they can be tacked together as long as there’s privity (deed purports to convey title, devises, etc.)

Question 5

Disability

Answer 5

If person is disabled, statute for AP doesn’t begin to run when cause of action first accrued (if it’s acquired after, doesnt matter)