Lessson 2 - Trespass, AP

Question 1

The right to exclude is ___ to property rights

Answer 1

essensial

Question 2

What is civil trespass?

Answer 2

An unprivileged, intentional encroachment upon property owned by another

Question 3

True or False: Davy decided to go on a hike. he spots a bluebird and follows it onto Jeffery’s land. Davy has committed civil trespass.

Answer 3

True. The intent for civil trespass merely refers to the act itself, not an intent to trespass spcicivlally. Here, Davy’s decision to follow the bird is sufficient.

Question 4

When is trespass privileged?

Answer 4

When the landowner gives assent for the other person to enter in the case of nessessity

Question 5

What are the Elements for the Necessity Defence to trespass?

Answer 5

1. A clear and imminent danger
2. A reasonable expectation that the action will be effective to abate the danger
3. There is no reasonable legal alternative that can abate the danger
4. The legislature has not acted to preclude the necessity defense

Question 6

The 5th Amendment guarantees that

Answer 6

No taking shall be done without just compensation

Question 7

What is the exception not the protections offered by the 5th amendment?

Answer 7

The denial of one transitional property right does not amount to a taking

Question 8

Josie lives in a historically significant house and wishes it tore bulldozed so that a school may be built there, and puts it into her will. Will her will be followed?

Answer 8

No. The right to destroy can be overruled by local legislation

Question 9

Trees growing on property are ___ property

Answer 9

Real property. they are physically attathced to the land

Question 10

Lumber milled from trees is ___ property

Answer 10

Personal property, they are distinguishable/severed from the land

Question 11

Timber is built into a house on land. That house is ___ property

Answer 11

Real property

Question 12

What is a fixture?

Answer 12

Fixtures are personal property that has been permanently attached to real property, but which could be removed.

Question 13

What are the 3 elements of a fixture?

Answer 13

1. Annexation – attachment to the real property
2. Intent to annex
3. Adaptation – personal property must be adapted or applied to some larger function or component of the real property (light fixtures, for example)

Question 14

Whaat is Adverse Possession?

Answer 14

Adverse possession allows a person – who is not the legal owner of the property and who may have entered as a trespasser – to become the legal owner of the property if that person uses the property for enough years to satisfy the state’s statute of limitations period.

Question 15

What is the usual time range for the statute of limitations with regard to AP?

Answer 15

5-30 years

Question 16

Define “ejectment”

Answer 16

A legal action to remove a trespasser from proeprty

Question 17

The ___ has the burden of proof in claims of AP

Answer 17

The AP

Question 18

Julie successfully claims AP after residing on Bob’s land for 5 years. When does her title begin?

Answer 18

5 years ago, form the moment she began her possession

Question 19

What are the 5 elements of AP?

Answer 19

Actual
Exclusive
Open & Notorious
Adverse/Hostile
Continuous and uninterrupted

Question 20

Define Exclusive AP

Answer 20

The adverse possessor’s use cannot be shared with the true owner or be shared with the public in general.

Question 21

If 2 different AP seek to AP the same land, who can oust the other?

Answer 21

The first AP

Question 22

What is the Notorious test?

Answer 22

If the adverse possessor’s acts would be notice to an ordinary person, then the owner is regarded as knowing what the adverse possessor did.

Question 23

Define the meaning of “Hostile” in the context of AP

Answer 23

use that is without the owner’s permission and against the owner’s interests.

Question 24

True or false, a peace of leased land is ripe for an AP claim

Answer 24

Falce. The leaasee has the oner’s permission, so it cannot be hostile. UNLESS it becomes a hostile tenancy and no new lease is agreed to

Question 25

Under what conditions can a TO interrupt the continuity of AP?

Answer 25

The true owner can interrupt this element by (1) bringing an ejectment action OR (2) by re-entering the property.

Question 26

True or false, if an AP is ejected and then reenters the property, they have to start the Stature of Limitations term form the beginning

Answer 26

True

Question 27

What are the 3 standards for hostility in AP? Which one is the most prevalent?

Answer 27

1. Objective (majority). AP must merely possess the land. Their internal state of mind is irrelevant.
2. Good faith standard - AP must think “I thought I owned it”
3. Aggressive-tresspass standard - AP must know that the land isn’t theirs and intend to make it their own

Question 28

What is Color-Of-Title? What effect does it have on an AP Claim?

Answer 28

title refers to a claim for adverse possession that is founded on a written instrument (a deed, a will) or a judgment that is for some reason defective.

Color of title can shorten the statute of limitations period, and grant all the land that the flawed document describes, as opposed to the land that the AP had in their physical possession (a 80 acre farm instead of a 1 acre camp)

Importent: color of title only applies if the AP has established all of the other elements on that piece of land. Ex. If notorious for only 20 acres of a larger property, then they will only get those 20 acres

Question 29

What is Tacking?

Answer 29

using the periods that prior AP’s occupied the land (before you acquired it) to show that you met the SOL time requirement.

Question 30

Under what condition will Tacking be allowed?

Answer 30

If the party seeking to tack had privity with the prior AP

Question 31

What is Privity of Estate?

Answer 31

Exists between successive adverse possessors when A, who possesses for less than the SOL period, voluntarily transfers the property to B, who then possesses for a period that (together with A’s period), exceeds the SOL period.

Question 32

What is the exception to privity of estate?

Answer 32

If the first AP abandons the possession, and then another AP takes up possession. the second AP must start the SOL from the beginning

Question 33

What is a disability?

Answer 33

A condition that will suspend/extend an SOL if a landowner is part of an enumerated class of people

Question 34

What enumerated classes of people will constitute a disability?

Answer 34

Minors, Overseas servicemen, the incarcerated, and the mentally incompetant

Question 35

True or False, a disability that exists one month after an AP has taken up possession will suspend the SOL

Answer 35

False. A disability is valid only if it was present from BEFORE the AP

Question 36

When is a diability removed from a landowner? Whist will its effect be?

Answer 36

The SOL will begin to run. Death will end a disability