Lex Bar Intro Lesson

Question 1

For possession to ripen into title by adverse possession, the possession must be:

Answer 1

(Use mnemonic ECHO)
(i) Exclusive - physical presence on land not shared with the owner;
(ii) Continuous - presence is continuous and uninterrupted for 15 years;
(iii) Hostile - possession is without the owner’s consent; and
(iv) Open and Notorious - possession is apparent or visible to a reasonable owner.

Question 2

Only a condominium association itself has standing to

Answer 2

sue regarding the misuse of common areas within the association; the individual owners do not have standing.

Question 3

The conditions needed to obtain title through adverse possession must all exist for a period of

Answer 3

15 years.

Question 4

Where a possessor is in possession with the oral permission of the record owner, he has a

Answer 4

revocable license.

Question 5

When a license to use property exists, it will defeat the _________________ element of adverse possession.

Answer 5

“hostile”