ADVERSE POSSESSION

Question 1

COAH

Answer 1

Continuous: uninterrupted for given statutory period
Open and notorious: sort of possession the owner would make under the circumstances
Actual: entry must be actual and the occupation exclusive
Hostile: the possessor does not have the rightful owners permission to be on the land

Question 2

TACKING

Answer 2

different periods of adverse possession may be tacked together to make up the full statutory period with the result that the final adverse possessor gets title, provided there is privity between the successive adverse holders

Question 3

DISABILITIES

Answer 3

Statute of limitations will not begin to run if the true owner was under some disability to sue when the cause of action first accrued

• typical disabilities are minority, imprisonment and insanity
• only the disability of the owner matters