Chapter 2: Adverse Possession Flashcards
Adverse Possession
Does Zev own Greenacre by adverse possession?
To acquire property by adverse possession, there must be an actual entry; that is open and notorious; hostile; under a claim of right; and that is continuous for the statutory period
Adverse Possession: Actual Entry
Did Yetta make an actual entry when she built campfires and cut her way through the woods making narrow trails?
An actual entry is a substantial occupation of the land; traditionally, it is done by fencing in the area of building improvements
Adverse Possession: Open and Notorious
Was Yetta’s occupation done openly and notoriously when her activity was limited to hiking, building campfires, and cutting her way through the woods making narrow trails?
An occupation is open and notorious if it is without concealment and capable of being seen by members of the community who might reasonably be expected to communicate their knowledge to an owner reasonably supervising his property.
Adverse Possession: Hostile
Assuming Yetta’s conduct was open and notorious, was her conduct hostile, when she asked Oscar in a letter to buy the property and he threw the letter away?
An occupation is hostile if it is without the consent of the true owner
Adverse Possession: Claim of Right
Was Yetta’s occupation under a claim of right when she (and later Zev) knew that the property was owned by another?
Claim of right goes to intent of the possessor. In some jurisdictions, good faith is required. In other jurisdictions, bad faith (“I know it is not mine but I am taking it anyway”) is required. In some jurisdictions, a so-called objective standard is used: the intent of the possessor is irrelevant.
Adverse Possession: Continuous: Ordinary Owner
Was Yetta’s occupation continuous when she used it for hiking November-December while the community used their similar lands for deer hunting October-November?
An occupation is continuous if it is used in the same manner as the true owner would use it.
Adverse Possession: Continuous: Tacking
Can Zev tack on Yetta’s occupation to his own when he tells her politely to leave the land but he is much bigger than she is?
Tacking is allowed when there is privity between the two occupiers. Privity exists when one possessor voluntarily hands over possession to another.
