Adverse Possessions Flashcards
What is adverse possession?
Adverse possession is a claim of adverse ownership or real property against legal titleholder. Essentially squatters right.
What is a quiet title?
If legal owner challenges the adverse possessor’s ownership interest.
This action compels adverse possessor to prove he meets the statuatory requirements for adverse possession.
In HAWAII REAL PROPERTY CAN BE SUBJECT TO AN ADVERSE POSSESSION CLAIM ONLY
In the Regular System, not in Land Court .
In land court , the court authenticates ownership.
In hawaii an adverse possessor cannot adversely possess more than5 acres.
Kuleana lands are the commoners’ lands so they are more subject to adverse possession.
Requirements for adverse possession
These elements must be met: OCEAN H
1). O (open)
2) . C. (Continuous)
3) . E. (Exclusive)
4) . A (actual)
5. N. (Notorious)
6. H. (Hostile)