Adverse Possession (outlinedepot)

Question 1

Adverse Possession

Answer 1

C H A O S

The principle of adverse possession allows a person who is in possession of a property to obtain title to that property if possession is actual, open and notorious, hostile, continuous, and for the statutory period.

Question 2

Actual possession

Answer 2

Actual possession exists when the claimant physically occupies the premises and has exclusive use of the property (i.e. claimant does not share with the true owner or the public).

Question 3

Open and notorious

Answer 3

Possession is open and notorious when the claimant makes the kind of use the true owner would make of the land.

And the use sufficiently puts the true owner on notice that a trespass is occurring.

Question 4

Hostile Possession

Answer 4

Possession hostile if it is without the true owner’s permission. The adverse possessor’s state of mind is irrelevant.

Question 5

Hostile Possession (co-tenants)

Answer 5

To satisfy the element of hostile possession by a co-tenant, a co-tenant must oust or make an explicit declaration that he is claiming exclusive dominion of the property.

Question 6

Continuos Possession

Answer 6

Possession must be continuous through the statutory period (given by statute or 20 years at common law). Constant use by the claimant is not required so long as possession is of the type that the usual owner would make (e.g. seasonal use).

Question 7

Tacking

Answer 7

The element of continuous possession may be satisfied by tacking. Tacking is the adding up of periods of possession held by multiple possessors who are in privity.

Question 8

Type of title conveyed through adverse possession

Answer 8

Adverse possession does not convey marketable title. However, the title can be perfected and made marketable by means of judicial action to quiet title.