Adverse Possession

Question 1

elements

Answer 1

Open 
Continuous
Exclusive
Adverse (hostile) 
Notorious
Statutory Period

Question 2

if owner does not take action to eject possessor who claims adversely to the owner

Answer 2

title vests in the possessor

Question 3

Running of the Statute

Answer 3

the statute of limitations begins to run when the true owner can first bring suit.

Question 4

what title, does adverse p get when she actually occupies land?

Answer 4

color of title to the entire parcel

Question 5

exclusive

Answer 5

means that the possessor is not sharing with the true owner or the public. Two or more people may obtain title by adverse possession; they take title as tenants in common

Question 6

open and notorious

Answer 6

it is the kind of use the owner would make of the land. the possessors occupation must be sufficiently apparent to put the true owner on notice that a trespass is occurring.

Question 7

hostile

Answer 7

hostility occurs when possessors enter without the owner’s permission , state of mind is irrelevant.

Question 8

claim of right

Answer 8

a possessor enters under claim of right when they reasonably believe that the property belongs to them - usually because they have an invalid deed. an invalid deed given by the owner is not permission to use the land, it is not possession subordinate to the owner’s possession. anytime someone goes into possession with what they mistakenly believe is valid title, the possession is hostile and adverse.

Question 9

continuous

Answer 9

constant use by the claimant is not required as long as possession is of a type that the usual owner would make. not need continuous possession by the same person can tack but need privity

Question 10

effect of covenants in true owners deed

Answer 10

if an adverse possessor uses the land in violation of a restrictive covenant in the owner’s deed for the limitations period, she takes free of the restriction. If she uses the land and complies with restriction she takes subject to it.

Question 11

land that cannot be adversely possessed

Answer 11

government owned land and land registered under the Torrens system.