Adverse Possession

Question 1

Adverse Possession is

Answer 1

possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title.

Question 2

The Elements of Adverse Possession, COAH:

Answer 2

1) Continuous and uninterrupted possession
2) Open and Notorious possession, i.e. the sort of possession the usual owner would make
3) Actual, the entry must be literal
4) Hostile, the possessor does not have the owner’s consent to be there.

Question 3

Regarding Adverse Possession, the possessor’s state of mind is

Answer 3

Irrelevant! It will be analyzed objectively.

Question 4

Tacking: One adverse possessor may tack on to his time with the land his predecessor’s time, so long as

Answer 4

there is privity, which is satisfied by any non-hostile nexus, such as blood, contract, deed, will.

Question 5

The adverse possession statute of limitations will not run against a true owner who is afflicted by a disability at

Answer 5

the START of the adverse possession. Must be suffering at the inception of the adverse possession.