Adverse possession Flashcards
Adverse Possession
OCEAN
- open
- continious and interrupted
- Exclusive
- Averse and hostile
- Notorious
* * operation of law after SOL
Actual Possession
must use the land like the true owner would
Exclusive Possession
the possessor has been excluding the owner and the general public
Open + Notorious Possession
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
Adverse
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
notorious
continuous is subjective
State of mind exception
possessor must have actual belief in ownership of property
Tacking
adding the time of one possessor to another, for tacking to exist privity must exist