Adverse Possession: Real Property

Question 1

Adverse Possession Doctrine

Answer 1

If a person occupies land for long enough and under certain conditions, they may have a claim of possession superior to the true owner’s claim.

Question 2

Adverse Possession Doctrine - Justification

Answer 2

Correcting title defects, protecting personhood, encouraging development, and preventing frivolous claims.

Question 3

Adverse Possession - Elements

Answer 3

Actual
Exclusive
Open and Notorious
Adverse and Hostile
Continuous
For the Statutory Period

Question 4

Adverse Possession Element - Actual

Answer 4

Physical use that is reasonable with respect to the character, location, and nature of the land.

Solely recreational use is not enough Moor v. Stills, but even a small amount of resource removal satisfies in most jurisdictions Gurwit v. Kannatzer (finding actual possession when P chopped firewood). But see Alabama’s view Rutland v. Georgia Kraft (chopping wood must be so continuous and present as to evidence claim of ownership).

Question 5

Adverse Possession Element - Exclusive

Answer 5

Not shared, either with the owner or the public in general.

Question 6

Adverse Possession Element - Open and Notorious

Answer 6

Visible in such a way that the owner, upon making a reasonable inspection of the land, would detect it.

Question 7

Adverse Possession Element - Adverse and Hostile

Answer 7

Not authorized by the owner.

Most states:

Some states:

Minority states:

Question 8

Adverse Possession Element - Continuous

Answer 8

Reasonably regular given the nature, location, and character of the land.

Gurwit v. Kannatzer (finding continuous use when Ps went days and weeks without using forest tract because sporadic use was reasonable given the wild nature of the land).

Question 9

Adverse Possession Element - For the Statutory Period

Answer 9

Time period will be named in a Statute

Question 10

Adverse Possession Element - For the Statutory Period

Answer 10

Taking - allows successive occupants in privity to stack their occupation periods for the benefit of the claimant.

Privity - transfer by deed or will, rather than trespass. OK if defective Howard v. Kunto (Ps received a deed describing land different than the land they thought it described and in fact possessed).