Adverse Possession

Question 1

Elements of Adverse Possession

Answer 1

H-E-L-U-V-A - 6 Elements

1. Hostile - no right to be there
2. Exclusive - must be excluding others from possessing the property
3. Lasting for statutory period - 20 years common law
4. Uninterrupted - Must be continuos use that ordinary property owner would make
5. Visible - must be open and notorious
6. Actual - must actually possess the land to obtain title

Question 2

Constructive Adverse Possession

Answer 2

Where a claim to a smaller piece of land through adverse possession gives rise to possession of the whole. It expands the actual possession to the full extent of the color of title. Must be reasonable and unitary (one seamless whole).

Question 3

Leasing Land to Third Party by Adverse Possessor

Answer 3

Constitutes possession for purposes of AP

Question 4

Adverse Possession Against Co-tenant

Answer 4

No adverse possession against a co-tenant unless the co-tenant in possession excludes the other co-tenants from possession and the statutory period runs

Question 5

Adverse Possessor Against Holder of Life Estate

Answer 5

General Rule: AP clock does not start to run against the holder of a future interest until that interest becomes possessory

Question 6

Adverse Possessor Against Grantor in FSD with POR

Answer 6

FSD- Happening of the condition starts the clock running for AP as the title goes automatically back to the Grantor.

Question 7

Adverse Possessor with FSCS and the Right of Reentry

Answer 7

Clock will not start to run for AP until the Grantor exercises right of reentry

Question 8

Tacking

Answer 8

General Rule: Adverse Possessor can tack together other AP’s successive periods of adverse position in order to satisfy the statutory period.

But remember - no gaps in possession

Question 9

Disabilities and AP

Answer 9

General Rule: If a True Owner is suffering from:
1. Infancy
2. Incarceration
3. Insanity
at the time the period of AP begins, then the clock for AP will NOT start until the TO is free of the disability.
-Intervening disability will not stop the clock

***In GA SOL IS tolled if TO suffering from disability even if it is not present when AP began

Question 10

Government Lands

Answer 10

NO AP against government lands

Question 11

Title acquired by AP

Answer 11

• Not marketable

- To make it marketable there must be a court action to quiet title