Pg 45 Flashcards
Once the SOL has expired, the law gives the adverse possessor what quality of title?
The same quality of title that the owner held at the moment the adverse possessor first took possession.
If at that time the owner had the land in fee simple, but five years later he died and left a life estate to his son, and the SOL was 10 years, it doesn’t matter that the owner tried to divide ownership because at the time the adverse possessor took possession and started the SOL running, the owner’s title was in fee simple
If land that an adverse possessor is occupying is mostly wilderness, and only five out of 100 acres is habitable, how much of the land does the adverse possessor get?
If the adverse possessor is using a substantial or significant portion of the land considering how much is usable, he can have it all
Until the adverse possession claim is perfected, what rights does the adverse possessor have in the land?
Nothing, he is just a trespasser that the owner can sue for ejectment and collect damages for the entire period of possession
How does the relation back doctrine apply to adverse possession?
Once an adverse possession claim is perfected by meeting all the elements, it relates back to the date the possessor first went onto the land. This means that the true owner cannot sue for trespass. The adverse possessor’s possession automatically ripens into good title by operation of law and the land is treated as if it was the adverse possessor‘s land for the entire period of possession
Adverse possession is wrongful against who, but rightful against who?
Wrongful against the true owner, but rightful against the rest of the world.
So if someone else comes onto the land, the adverse possessor can eject them, but the true owner can also do the same to that other person and the adverse possessor
What are different ways that the true owner can stop an adverse possessor?
– give permission – start using the land – put up a fence – sue for ejection – make active and involved use of his land
What does agreed boundaries or the doctrine of practical location mean?
Courts will sometimes use it when not all of the elements for adverse possession are met in order to promote harmony between adjacent landowners when there is a boundary dispute.
Elements:
- uncertainty about true boundary location
– agreement on a fence or natural boundary that is express or implied
– acquiescence where both parties agree to possess up to the boundary
– agreement lasts for a certain period, which is usually the time required for adverse possession
What does tacking mean in relation to adverse possession?
Adding together continuous periods of adverse possession by different people in order to satisfy the statutory period
What is required in order for tacking to be used in adverse possession?
- A sufficient nexus or connection between successors
– privity/transfer of interest from one to the other
If an adverse possessor dies and his heir continues the adverse possession, is that tacking allowed?
Yes
Does adverse possession count against government land?
No, because “time doesn’t run against the king.“
If the rightful owner of land is suffering from a disability at the time the adverse possession claim begins/when the adverse possessor entered the property, what does that do?
It tolls the statutory period, or puts it on hold, and the adverse possession doesn’t begin until the disability disappears.
If a rightful owner of land develops a disability after an adverse possessor begins adverse possession, does that toll the statutory period?
No, because the disability began after the beginning of the adverse possession, so it has no effect on the claim
What are examples of disabilities of a rightful landowner that could toll adverse possession?
Being a minor, being insane, being imprisoned, being deployed by the military, etc.
What does conveyancing mean?
Transferring property from one person to another
