Ouster + Adverse Possession

Question 1

Ouster and Adverse Possession rule

Answer 1

A co-tenant claiming adversely to other co-tenants must show actions of such an unequivocal nature and so distinctly hostile to the rights of the other co-tenants that the intention to dis-seize is clear and unmistakable.

There MUST be proof of an ouster and exclusive possession(Actual entry) so openly and notoriously hostile that the co-tenant will have motive of the adverse claim.

Question 1

A claimant may adversely possess land if she can show…

Answer 1

Actual entry= exclusive possession, requires showing that the adverse possessor is using the land as a reasonable owner.
Possession: open and notorious, continuous for the statutory period, tacking is allowed.
Adverse and hostile: to the interest of the record owner.
Objective state of mind: is the possessor there without permission vs. a lease, where a tenant is permitted on the property.

Question 2

Tacking

Answer 2

Adding years of occupancy from previous adverse possessors. Allowed if privity and continuity of possession exists.

Question 3

Privity

Answer 3

Requiring some reasonable connection between the successive adverse possessors.

Question 4

State of mind: objective (majority)

Answer 4

A large number of states use this approach, which does NOT inquire into the possessor’s state of mind, letting the possessive acts speak for themselves.

Question 5

Ouster rule
(denial of a co-tenant’s right to possession)

Answer 5

A co-tenant in common is not obligated to pay rent to their co-tenant unless they agree to do so, or unless they have forced their co-tenant out of the shared property.

Question 6

Doctrine of Waste

Answer 6

Owner of a property interest may sue the party in possession to prevent, or seek damages for any action that injures or diminishes the value of her interest.

Question 7

Remedies for Doctrine of Waste

Answer 7

Treble damages: proven damages to the future interest are tripled in order to provide a strong disincentive to commit waste.

Forfeiture of life estate: available only if authorized by statute. Invoked only when the damage caused by the waste equals or exceeds the remaining value of the life interest or when the conduct is especially egregious or intentional.