Land Acquisition Issues

Question 1

Adverse Possession

Answer 1

Adverse possession allows one who has wrongfully entered a property to obtain possession of that property when there has been actual possession, which is open and notorious, and the possession is hostile continuously for the statutory period.

Question 2

Adverse Possession Requirements

Answer 2

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• Actual
• Exclusive
• Open and notorious
• Continuous and uninterrupted possession
• Requisite statutory period

Question 3

Actual Entry

Answer 3

The claimant must physically use the land in the same manner that a reasonable owner would.

Question 4

Exclusive Possession

Answer 4

The true owner must be excluded from the premises.

Question 5

OPEN and notorious

Answer 5

Open= possession that would put a REASONABLY attentive landowner on NOTICE that someone is on the land.

Question 6

open and NOTORIOUS

Answer 6

Claimant’s use of land cannot be hidden from the owner

Question 7

ADVERSE and Hostile

Answer 7

Adverse–inconsistent with the legal owners’ rights

Question 8

Adverse and HOSTILE

Answer 8

Hostile–possession of the land must be without owner’s consent.

Question 9

Adverse possession–majority

Answer 9

Possessors state of mind is irrelevant (only that they do not have permission from owner)

Question 10

Adverse possession–minority

Answer 10

good faith–innocently but mistakenly believes they are the owners of the land. Bad faith – know the property belongs to someone else and moves in anyways.

Question 11

Permission is presumed if

Answer 11

a grantor stays in possession after a sale.

Question 12

ouster

Answer 12

for a co-tenant to adversely

Question 13

Tacking

Answer 13

tack processor’s time on land if there is privity (blood, K, deed, will)

Question 14

disability

Answer 14

toll SOL when true owner is afflicted by disability at start of Adverse Possession (insanity, infancy, imprisonment) . NO tacking of disabilities

Question 15

COLOR OF TITLE

Answer 15

COLOR OF TITLE – doc purports to give title but does not (forged or defective) – may reduce SOL period.

Question 16

Constructive adverse possession

Answer 16

Constructive adverse possession - If using 10 acres out of 100. If you come in with document describing 100 acres you get all 100. If not, then you just get what you were using.