Ch. 2 - Owning Real Prop (adverse possession)

Question 1

Adverse Possession (6 elements)

Answer 1

1. actual possession
2. exclusive possession
3. open & notorious
4. adverse & hostile
5. continuous
6. statutory period

Question 2

Actual Possession

Answer 2

•  Physically use the land in the manner that a reasonable owner would, given its character, nature and location

Question 3

Exclusive Possession

Answer 3

• demonstrate that they did not share the land with the owner or general public

Question 4

Open & Notorious

Answer 4

• use the land in such a way that the owner would realize someone is making a claim to the title when they do a reasonable search

Question 5

Adverse & Hostile

Answer 5

• objective test - is met as long as the other elements are met (no state of mind)
• some states require “bad faith”

Question 6

Continuous

Answer 6

• use as frequently as a reasonable owner would, given its character, nature and location (tacking is allowed)

Question 7

Statutory Period

Answer 7

• differs on state (MAJ = 5, 10, 15)