Adverse possession Flashcards

1
Q

Adverse Possession

OCEAN

A
  1. open
  2. continious and interrupted
  3. Exclusive
  4. Averse and hostile
  5. Notorious
    * * operation of law after SOL
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2
Q

Actual Possession

A

must use the land like the true owner would

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3
Q

Exclusive Possession

A

the possessor has been excluding the owner and the general public

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4
Q

Open + Notorious Possession

A

the possessors use of the property is so visible and apparent that it gives notice to the true owner if he checked his land
* for a co-tenant the possessor must give actual notice

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5
Q

Adverse

A

Majority: possesor uses the occupied property without owners possession and inconsistent with owners rights
Minority: the minority also requires state of mind to make it yours

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6
Q

notorious

A

continuous is subjective

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7
Q

State of mind exception

A

possessor must have actual belief in ownership of property

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8
Q

Tacking

A

adding the time of one possessor to another, for tacking to exist privity must exist

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