Adverse Possession of Real Property

Question 1

Elements of Adverse Possession

Answer 1

1. Actual
2. Exclusive
3. Open and Notorious
4. Adverse and Hostile
5. Continuous for required statutory period

Question 2

Actual

Answer 2

claimant must physically use the land in the same manner that a reasonable owner would

Question 3

Exclusive

Answer 3

Possession cannot be shared with owner or general public

Question 4

Open and Notorious

Answer 4

Possession must be visible and obvious, so that if owner saw it he would become aware of adverse possession

Question 5

Adverse and Hostile

Answer 5

(states differ)

• Good faith - claimant must believe he owns the land (Colorado, Oregon, NY)
• Bad faith - claimant must intend to take the land from the owner (South Carolina and Arkansas)
• Irrelevant mental state (majority)

Question 6

Continuous for required statutory period

Answer 6

• Must be as continuous as a reasonable owner’s would be based on the nature of the property
• Continuous occupation or use is not necessary

Question 7

Two Procedural Situations to Prove AP

Answer 7

1. APer brings a quiet title to confirm his title

2. Raises the doctrine to an owners lawsuit to recover possession

Question 8

Tacking definition

Answer 8

the doctrine under which the adverse possession periods of two or more successive occupants may be added together to meet the statutory period

Question 9

When is tacking permissive?

Answer 9

(most states) if successive occupants are in privity (which is generally the case when one occupant transfers his rights in the property to a successor)

Question 10

What kind of relationship must exist between the trespassers to invoke tacking doctrine?

Answer 10

Trespassers must be immediately successive and in privity

Question 11

What landowner disabilities extend the period for adverse possession?

Answer 11

imprisonment, being a minor, mental or intellectual disability, maybe military or residing outside of the state

Question 12

Disability Majority Rule

Answer 12

title owner has a specified limited time period after the disability has been removed to act to vindicate her interests (1-5 years after the removal of the disability)

Question 13

Disability Minority Rule

Answer 13

day for day tolling (the full AP period states on the day the disability is removed)

Question 14

Disability Rules

Answer 14

1. disability has to exists on the date of the adverse possessor’s entry onto the land, beginning her actual possession thereof
2. there is no tacking of disabilities
3. Death of the property owner ends all disabilities