ADVERSE POSSESSION Flashcards
What are the elements of adverse possession?
COAH
Continuous- uninterrupted for a statutory period
Open and Notorious- The sort of possession the usual owner would make under the circumstances
Actual- Entry must be literal, it cannot be symbolic
Hostile-The possessor does not have the true owner’s consent to be there
Gage elements objectively
Is the possessor’s state of mind relevant?
No, the possessor’s state of mind is irrelevant.
When is tacking allowed in adverse possession?
One adverse possessor may tack on to his time with the land his predecessor’s time, so long as there is privity, which is satisfied by any non-hostile nexus such as blood, contract, deed, or will.
When is tacking not allowed?
When there has been an ouster
O owned Blackacre in 1990 when A entered adversely. A was on her way to satisfying the elements of adverse possession when, in 1996, Mr. X ousted her. Mr. X stays on the land through 2010. Our jurisdiction has a 20-year statute of limitations. In 2010, who owns Blackacre? Why?
O, because ouster defeats privity. No tacking is allowed.
When will the statute of limitations for adverse possession not begin to run against the owner of land?
When the owner is afflicted by a disability AT THE START OF THE ADVERSE POSSESSION.
What are some common disabilities for adverse possession?
Insanity, infancy, imprisonment.
O owned Blackacre in 1990 when A entered adversely. In 2000, O went insane. In 2010, O recovered. Our jurisdiction has a 20-year statute of limitations. In 2010, who owns Blackacre? Why?
A, assuming that she has met the COAH elements. O cannot claim the benefit of the disability because he wasn’t suffering at the start of the adverse possession.
