essay and MC issues that I got wrong Flashcards
purpose of ejectment
the object of an action for ejectment is tory title to and obtain possession of a piece of land
elements of ejectment
Plaintiff must be out of possession
plaintiff must show superior right of possession
effect of ejectment
permanently settles possessor and ownership interest
what is a bill to quiet title
equitable action in which court removes a cloud on title
elements of bill to quiet title
P does not have to be in possession
effect of bill to quiet title
removes cloud on title but does not provide for restoration of possession or for damages
object of declaratory action
obtain a declaration of right with or without consequential relief
elements of declaratory judgment
(1) actual controversy [no advisory opinions]
(2) legal or equitable claim
how to properly describe a property using metes and bounds or other measurements
key is to make sure that the final boundary meets back at the starting point
when someone is encroaching on your land, what relief do you request
injunction to remove the encroachment
enjoin the trespass
in virginia, what is the extra adverse possession element you might need
possessor must act “under claim of right”
= possessor needs to actually claim that he owns the land [not high hurdle]