Adverse Possession

Question 1

Requirements for Adverse Possession

Answer 1

Continuous
Open and notorious
Actual possession
Hostility and claim of title/right

Question 2

Good Faith Standard

Answer 2

Only AP if claimant honestly believed the land was his but was mistaken

Question 3

Actual Hostility Standard (also called the Aggressive Trespasser or the Maine Doctrine)

Answer 3

Requires claimant to know that the is on land that isn’t his and to intend to claim AP
*Very rare; not used by many jurisdictions

Question 4

Objective Standard

Answer 4

The person made use of the land. State of mind is irrelevant.
This is what most jurisdictions use.

Question 5

Claim under Color of Title

Answer 5

A claim to land based on some sort of written instrument like a title or deed, even though it may be defective.
Entry still required, but claimant would likely get the whole track of land (not just the part he entered).

Question 6

Actual Knowledge

Answer 6

True owner must be given actual notice. Two types:

1. Constructive Record Notice: A document has been officially recorded and deposited in a government office.
2. Constructive Inquiry Notice: Asks what a reasonable person would inquire about the property in order to make a reasonable judgment about who owns it.

Question 7

Tacking

Answer 7

The court allows occupancy by previous owners to be added up to meet the statutory minimum if the past owners also believed that they owned the land and they parties are in privity.

Question 8

Privity

Answer 8

Voluntary contractual passing of the land.

Question 9

Effect of Disability

Answer 9

When the true owner of land is disabled, the statutory period cannot for AP intruder does not begin until 5 years after the disability is “removed.”
The only disability that matters is the disability of the adverse possessor when he entered the land.