Property - ADVERSE POSSESSION

Question 1

Adverse Possession

Answer 1

Basic Concept: Possession, for a statutorily prescribed period of time can, if certain elements are met, ripen into title

ELEMENTS: remember COAH

(1) CONTINUOUS USE
(2) OPEN AND NOTORIOUS -the sort of possession the usual owner would make
(3) ACTUAL USE - a literal entry
(4) HOSTILE - without consent/permission of actual owner

in NY*** statutory period is 10 years

state of mind:
on MBE - possessor’s subjective state of mind is irrelevant (doesn’t matter if she knew it was someone else’s property

in NY*** the possessor must have a GOOD FAITH BELIEF (albeit a mistaken one) that the land that he is occupying is indeed his - ie cant know you are occupying someone else’s land - if you do, BAD FAITH and defeats adverse possession claim

Question 2

TACKING

Answer 2

One adverse possessor may tack on to his time with the land his predecessor’s time, so long as there is PRIVITY, which is satisfied by any nonhostile nexus such as blood, contract, deed or will

TACKING is NOT ALLOWED if there has been ouster

Question 3

DISABILITIES effect on AP claims

Answer 3

The statute of limitations (ie the point at which the true owner could bring suit to expel someone trying to make AP) will not run against a true owner who is afflicted by a disability AT THE START of the adverse possession

common disabilities include: infancy, insanity, imprisonment

e.g. O owned Blackacre in 1990 when A entered adversely. In 2000, O went insane. In 2010, O recovered. Jurisdiction has 20 yr S/L. In 2010 who owns Blackacre? A, assuming she has met the COAH requirements. O cannot claim the benefit of disability bc he wasn’t suffering AT THE START of the AP