Miscellaneous

Question 1

Adverse Possession Rule Statement

Answer 1

Possession for a statutory period grants adverse possessor title. To achieve adverse possession, (COAH), the possession must be continuous, open & notorious, actual& exclusive, and hostile.

Question 2

Explain the adverse possession elements

Answer 2

continuous = uninterrupted for the statutory period
open & notorious = apparent to put owner on notice
Actual & Exclusive = only title to physical presence, except color of title
Hostile = without consent

Question 3

How to determine statutory period met

Answer 3

Consider tacking: can tack on predecessor’s time if privity (no privity in ouster)
Disability at inception of adverse possession pauses statutory period