Ch. 2 "Owning real property"

Question 1

Adverse possession

Answer 1

Defined: A land title doctrine that grants title to the possessor rather than the owner 
Policy: 
-Encourage economic development 
-Prevent frivolous claims 
-Correcting title defects 
-Protecting personhood

Question 2

Elements of Adverse possession

Answer 2

Hostile: Being on property without the right to be there (lacking true owner’s permission)

• No knowledge or intent required-trespasser need not intend to adversely possess
• (exception): leasehold (if stays after lease ends)

Exclusive: Not sharking with the true owner or the public
-must possess a reasonable portion of the property to the exclusion of the owner and the public

Lasting: Possession must last the statutory period

• daily posession is not required if an ordinary user would not use the property (winter cabin, summer hom )
• possession must be similar to ordinary owner’s use

Uninterrupted: continuous use an ordinary owner would make
-(exception) tacking successive periods (cannot tack on true owners disability with transferee’s) only if there is privity(lease or blood relation) of possession between claimants

Visible: “open and notorious”(out in the open)
-it is visible and apparent so that if the owner inspected the land, they’d become aware of the adverse claim

Actual: Use of possession

• physcially using the land in the same amnner that a reasonble owner would, given its character/location/nature
• (exception) Color of title (constructive possession)

Question 3

Gurwitz v. Kannatzer

Answer 3

Facts: Gurwitz thought thet had record title to land, paid taxes on land untill they found out it was incorrect. Petitioned for quite title to get possession.

Rule:
Hostile - posting no trespassing and hunting signs
Actual-Acts of dominon
Open and notorious - Cutting firewoof, picking up trash, clearing bushes
Exclusive - was to him self and neighbors also thought so
Continuous - 20 years

Holding: Yes for AP

Policy:

• encourages development: using land to full potential
• Prevent frivolous claims
• Correcting title defects: protects possor

Question 4

Van Valken v. Lutz

Answer 4

Statutory approach to AP

Facts: VV sued Lutz to get him to remove items from the property that Lutz left behind. (The garden, gate, walking on the land case)

Takeaway: AP occurs when a party other then the true owner takes possession by improving the land

Question 5

Howard v. Kunto

Answer 5

Purpose: Tacking and correcting title defect for a good faith owner

Facts: McCall resides on lot C but his deed described Lot D. Neighbors deeds are actually one house to the left

Analysis/issues:
Continuous? Nature of the land is a summer home = satisfied
Statutory period? Kunto occupied for 1 year but needs 9 more for AP

Rule: Possessor’s may TACK the period to satisfy the length requirement but must have PRIVITY (voluntary transfer by deed; or possession)

Holding: AP satisfies b/c of tacking

Question 6

Tacking different possessors

Answer 6

Former possessors do NOT have to know about the tacking; NEED to voluntarily transfer possession

Question 7

Tacking on land

Answer 7

Adding piece of land to the transfer even though the land is not referred to in the deed
-Allowed if the deed was intended to convey the AP land and described the land

Question 8

Tolling the Statutory period

Answer 8

State statutes extend or toll the statutory period involving disability of the true (record) owner

Disabilities can be:

• being in jail
• A minor
• being of unsound mind

Question 9

Disability Hypo

Answer 9

Tolling extends 5 years.

B’s AP period started 2003 and would end @ 2013(ten years).

A became disabled at 1998-2015. Thus, A can challenge AP before 2020(2015+5 years)