Final Adverse possession Flashcards
what is adverse possession?
a way of acquiring title to real property through possession through a statutory period
what must there be to qualify for an adverse possession?
a trespass
what are the elements of adverse possession?
1) hostile (without consent)
2) actual and exclusive (physical trespass and no-one else could be on the land)
3) open and notorious (the AP knows it’s someone else’s land and the owner needs to know the AP is using the land)
4) continuous for a statutory period
5) averse and under a claim of right (objective intent, good faith or aggressive trespasser)
what is objective intent to take AP?
acting like they owned it
what does it mean to take AP in good faith?
thinking they owned it
what does it mean to take AP as an aggressive trespasser?
they knew they didn’t own it but intended to make it theirs
when is possession of land open and notorious?
if it will give clear and unequivocal notice to the true owner or his agent visiting the land that the owner’s rights are being invaded (MORENGO CAVE)
does using a home as a summer home count as uninterrupted use and what case is that from?
YES (HOWARD v. KUNTO)
does a previous owner’s time occupying the property count towards the statutory period and what case it that from?
YES (HOWARD v. KUNTO)
is privity required to tack and why?
traditionally it is to avoid a series of squatters (HOWARD v. KUNTO)
if there is no privity, what can the owner do to an adverse possessor trying to claim tacking?
the owner can eject the possessor if they are not there for the SOLs
if the possessor of an AP leaves under force and comes back in 6 mos. what happens to the SOL?
It restarts because they voluntarily left
what happens if an AP abandons the property and another possessor comes in?
the next possessor would have to satisfy the SOL
what is claim or title?
when an AP is claiming title to the land that the adverse possessor doesn’t own
what is color of title?
when an AP claim is based on an invalid written instrument (a will or deed)
