Property AMP Set - Adverse Possession Flashcards
A claimant occupying only a portion of land may gain title to the whole tract by adverse possession if there is a reasonable proportion between the portion occupied and the whole tract and the claimant has __________ the whole tract.
A The landowner’s permission to occupy
B Color of title to
C A good faith belief that she owns
B
A claimant occupying only a portion of land may gain title to the whole tract by adverse possession if there is a reasonable proportion between the portion occupied and the whole tract and the claimant has color of title to the whole tract. Color of title is a document that purports to—but does not actually—give someone title to land. To establish title by adverse possession, the possessor must show: (i) An actual entry giving exclusive possession that is(ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period. Generally, an adverse possessor gains title to only land that she actually occupies. However, one who actually possesses a portion of land may gain title to the entire tract through the doctrine of constructive possession, explained above. Constructive possession requires that the claimant have color of title to the whole tract, not that the claimant have a good faith belief that she owns the whole tract. In general, the state of mind of the adverse possessor is irrelevant. By the large majority view, it does not matter whether the possessor believes she is on her own land, knows she is trespassing on someone else’s land, or has no idea who owns the land. QUESTION ID: P0041A Additional Learning
If a landowner comes under a disability to sue after an occupier enters into adverse possession, the statute of limitations:
A Continues to run
B Is tolled while the disability exists
C Will not commence until the disability is removed
A
If a landowner comes under a disability to sue after an occupier enters into adverse possession, the statute of limitations continues to run. To acquire title by adverse possession, the occupier must show: (i) An actual entry giving exclusive possession that is(ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period. If the owner does not commence an action to eject a would-be adverse possessor before the statute of limitations has run, she is barred from suing for ejectment, and title vests in the possessor. The statute of limitations does not begin to run if the true owner was under a disability to sue (e.g., because of minority, imprisonment, or insanity) when the cause of action first accrued (i.e., at the inception of the adverse possession). However, a supervening disability has no effect on the statute of limitations. If a landowner comes under a disability to sue after an occupier enters into adverse possession, the statute of limitations is NOT tolled while the disability exists. Rather, the statute will continue to run. In contrast, if the disability had existed before the occupier entered into adverse possession, then the statute of limitations would not commence until the disability was removed. QUESTION ID: P0044B Additional Learning
If an adverse possessor uses land in compliance with a recorded real covenant for the limitations period, he:
A Takes title free of the real covenant unless he had notice of it
B Does not take title
C Takes title free of the real covenant
D Takes title subject to the real covenant
D
If an adverse possessor uses land in compliance with a recorded real covenant for the limitations period, he takes title subject to the real covenant. The nature of the title obtained through adverse possession depends on the occupier’s activities on the land. If an adverse possessor uses the land in compliance with a real covenant (i.e., a written promise to do or refrain from doing something on the land), he takes title subject to the covenant. However, if he violates the covenant for the statutory period, he takes title free of the real covenant, regardless of whether he had notice of it. In either case, if an adverse possessor uses land for the limitations period, he DOES take title to the land. QUESTION ID: P0047B Additional Learning
Someone who does not __________ may still acquire the property by adverse possession if he has __________.
A have continuous possession of land; occupied the land intermittently
B occupy land openly; been in possession for the statutory period
C possess an entire tract of land; color of title to it
D occupy land hostilely; the landowner’s permission
C
Someone who does not possess an entire tract of land may still acquire the property by adverse possession if he has color of title to it. Color of title is a document that purports to—but does not actually—give someone title to land. To establish title by adverse possession, the possessor must show (i) an actual entry giving exclusive possession that is (ii) open and notorious, (iii) adverse (hostile), and (iv) continuous throughout the statutory period. Generally, an adverse possessor gains title only to land that he actually occupies. However, one who actually possesses a portion of land may gain title to the entire tract through adverse possession if (i) there is a reasonable proportion between the portion possessed and the whole tract, and (ii) the possessor has color of title to the whole tract. Someone who does not occupy land hostilely may not still acquire the property by adverse possession if he has the landowner’s permission. Hostility is a requirement of adverse possession that means the possessor lacks the true owner’s permission to be on the land. Someone who does not have continuous possession of land may not still acquire the property by adverse possession if he has occupied the land intermittently. Continuous possession throughout the statutory period is a requirement of adverse possession. It requires only the degree of occupancy and use that the average owner would make of the property, but intermittent periods of occupancy generally are not sufficient. Someone who does not occupy land openly may not still acquire the property by adverse possession if he has been in possession for the statutory period. Open and notorious possession is a requirement of adverse possession. The adverse possessor’s occupation must be sufficiently apparent to put the true owner on notice that a trespass is occurring. QUESTION ID: P0041 Additional Learning
If someone has __________, he may still acquire title by adverse possession if he __________.
A initial permission to occupy the land; communicates hostility
B actual possession of the land; shares occupancy with the landowner
C taken possession without the landowner’s knowledge; could not have been discovered
D color of title to the land; does not enter the property
A
If someone has initial permission to occupy the land, he may still acquire title by adverse possession if he communicates hostility. To establish title by adverse possession, the possessor must show (i) an actual entry giving exclusive possession that is (ii) open and notorious, (iii) hostile (i.e., adverse—without the true owner’s permission), and (iv) continuous throughout the statutory period. If the possessor enters with the owner’s permission, his possession becomes adverse only once he makes it clear to the owner that he is claiming hostilely. This can be done by explicit notification, by refusing to permit the true owner to come onto the land, or by other acts inconsistent with the original permission. If someone has taken possession without the landowner’s knowledge, he may not still acquire title by adverse possession if he could not have been discovered. Open and notorious possession of the land is a requirement of adverse possession. The adverse possessor’s occupation must be sufficiently apparent to put the true owner on notice that a trespass is occurring. Thus, a trespass that could not have been discovered, and of which the landowner lacked knowledge, will not grant the trespasser title. If someone has color of title to the land, he may not still acquire title by adverse possession if he does not enter the property. Color of title is a document that purports to—but does not actually—give someone title to land. Generally, an adverse possessor gains title only to land that he actually occupies. However, one who actually possesses a portion of land may gain title to the whole through adverse possession if (i) there is a reasonable proportion between the portion possessed and the whole tract, and (ii) the possessor has color of title to the whole tract. Thus, actual entry on at least a portion of the property is still required. If someone has actual possession of the land, he may not still acquire title by adverse possession if he shares occupancy with the landowner. Actual and exclusive possession of the land is a requirement of adverse possession. “Exclusive” means that the possessor is not sharing with the true owner or the public. QUESTION ID: P0042 Additional Learning
How can a landowner prevent an occupier of land from taking title by adverse possession?
A By evicting the occupier under an unlawful detainer statute
B By filing a suit for trespass
C By filing a suit for private nuisance
D By obtaining a judgment in an action for ejectment
D
A landowner can prevent an occupier of land from taking title by adverse possession by obtaining a judgment in an action for ejectment. Ejectment is the common law remedy for removing a trespasser from real property. If the owner does not commence an action to eject a would-be adverse possessor before the statute of limitations expires, she is barred from suing for ejectment, and title vests in the possessor. If the owner files suit before the statutory period expires, and the judgment is rendered after, the judgment will relate back to when the complaint was filed. However, the suit must be pursued to judgment. Merely filing a suit for trespass will not stop the period from running. Note, however, that if the trespass action is enforced by an injunction that in fact stops the adverse possessor from continuously possessing the land, title will not arise in the possessor. The occupier will establish title by adverse possession if he can show: (i) An actual entry giving exclusive possession that is(ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period. Evicting the occupier under an unlawful detainer statute would not be the appropriate remedy. Unlawful detainer statutes allow a landlord to recover possession of property from (i.e., evict) a tenant who has defaulted or remained in possession after termination of the tenancy (i.e., a hold-over tenant). For the purposes of adverse possession, however, even if a tenant remains in possession after his lease expires, he is presumed to have the permission of the landlord (i.e., his occupancy is not adverse). Filing a suit for private nuisance also would not be an appropriate remedy. An action for private nuisance will lie if the land is invaded by intangibles (e.g., odors or noises) that substantially and unreasonably interfere with the use or enjoyment of the property. QUESTION ID: P0040A Additional Learning
For purposes of determining title by adverse possession, when is tacking not available?
A When one adverse claimant takes from the other by descent
B When one adverse claimant ousts the other
C When one adverse claimant devises the land to the other
D When one adverse claimant deeds the land to the other
B
For purposes of determining title by adverse possession, tacking is not available when one adverse claimant ousts the other or the first claimant abandons and the next claimant goes into possession. Periods of adverse possession between two successive claimants may be tacked together to make up the full statutory period if there is privity of possession between the claimants. Privity is satisfied if the first adverse claimant purports to transfer the land to the next; i.e., the subsequent possessor takes by descent, by devise, or by deed purporting to convey title. QUESTION ID: P0043B Additional Learning
If a landowner brings an ejectment action against a would-be adverse possessor within the statutory period, __________.
A The possessor will not acquire title if the judgment is rendered even after the statute has run
B The landowner will lose title if the possessor does not vacate before the statute has run
C The possessor will acquire title unless the judgment is rendered before the statute has run
D The landowner will retain title even if the suit is not pursued to judgment
A
If a landowner brings an ejectment action against a would-be adverse possessor within the statutory period, the possessor will NOT acquire title if the judgment is rendered even AFTER the statute has run. Ejectment is the common law remedy for removing a trespasser from real property. If the owner does not commence an action to eject a would-be adverse possessor before the statute of limitations expires, she is barred from suing for ejectment, and title vests in the possessor. However, if the owner files suit before the statutory period expires, and the judgment is rendered after, the judgment will relate back to when the complaint was filed. However, merely filing the complaint is insufficient; the landowner will NOT retain title UNLESS the suit is pursued to judgment. To establish title by adverse possession, the occupier must show: (i) An actual entry giving exclusive possession that is(ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period. Even if the possessor does not vacate before the statute has run, the landowner will NOT lose title if she obtains a judgment against the possessor, as explained above. QUESTION ID: P0045A Additional Learning
How can a landowner prevent an occupier of land from taking title by adverse possession?
A Giving the occupier written notice that the property is the landowner’s.
B Demanding that the occupier vacate the property.
C Obtaining a judgment in an ejectment action.
D Posting a “no trespassing” sign or building a fence.
C
A landowner can prevent an occupier of land from taking title by adverse possession by obtaining a judgment in an ejectment action. Ejectment is the common law remedy for removing a trespasser from real property. If the owner does not commence an action to eject a would-be adverse possessor before the statute of limitations expires, she is barred from suing for ejectment, and title vests in the possessor. Filing a lawsuit for trespass will not stop the period from running; the suit must be pursued to judgment. However, if the true owner files suit before the statutory period expires, and the judgment is rendered after, the judgment will relate back to the time that the complaint was filed. A landowner cannot prevent an occupier of land from taking title by adverse possession by demanding that the occupier vacate the property, by posting a “no trespassing” sign or building a fence, or by giving the occupier written notice that the property is the landowner’s. To establish title by adverse possession, the possessor must show (i) an actual entry giving exclusive possession that is (ii) open and notorious, (iii) adverse (hostile), and (iv) continuous throughout the statutory period. Hostility means that the possessor lacks the true owner’s permission to be on the land. By the large majority view, it does not matter whether the possessor believes she is on her own land, knows she is trespassing on someone else’s land, or has no idea who owns the land. Thus, even the landowner’s physical or verbal assertion of ownership will not prevent adverse possession. QUESTION ID: P0040 Additional Learning
What effect does a landowner’s imprisonment have on a claimant who went into adverse possession one year before the incarceration?
A The landowner receives additional time to bring suit, capped by the maximum tolling period.
B No effect.
C The claimant can obtain title sooner if the sentence is longer than the statute of limitations.
D The statute of limitations is tolled until the landowner’s release.
B
A landowner’s imprisonment has no effect on a claimant who went into adverse possession one year before the incarceration. The statute of limitations does not begin to run for adverse possession if the true owner was under a disability to sue (e.g., minority, imprisonment, insanity) when the cause of action first accrued. However, the disability must have existed when the cause of action arose (i.e., at the inception of the adverse possession). Thus, the statute of limitations is NOT tolled until the landowner’s release, although it would not have begun to run if the landowner had been incarcerated when the claimant went into possession. The landowner does NOT receive additional time to bring suit, capped by the maximum tolling period. Some states set a maximum tolling period (e.g., 20 years) in addition to the regular limitations period. This would not apply here because the statute is not tolled by the incarceration, as is explained above. However, the running of the statutory period remains a requirement of adverse possession, and the claimant CANNOT obtain title sooner if the sentence is longer than the statute of limitations. QUESTION ID: P0044 Additional Learning
When an occupier adversely goes into possession of land owned by someone who is legally able to sue, the statute of limitations for ejecting the occupier __________.
A Has expired
B Is tolled
C Has commenced
D Has run
C
When an occupier adversely goes into possession of land owned by someone who is legally able to sue, the statute of limitations for ejecting the occupier has commenced (i.e., has begun to run). To acquire title by adverse possession, the occupier must show: (i) An actual entry giving exclusive possession that is(ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period. If the owner does not commence an action to eject a would-be adverse possessor before the statute of limitations has run (i.e., has expired), she is barred from suing for ejectment, and title vests in the possessor. When a statute of limitations is tolled, this means that it does not run for a period of time. QUESTION ID: P0040B Additional Learning
The hostility element of adverse possession requires that the possessor:
A Act with anger or animosity
B Lack the true owner’s permission to be on the land
C Believe he is on his own land
D Know he is trespassing on someone else’s land
B
The hostility element of adverse possession requires that the possessor lack the true owner’s permission to be on the land. It does not mean anger or animosity. Moreover, the state of mind of the adverse possessor is irrelevant—it does not matter whether the possessor believes he is on his own land, knows he is trespassing on someone else’s land, or has no idea who owns the land. To establish title by adverse possession, the possessor must show: (i) An actual entry giving exclusive possession that is(ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period. QUESTION ID: P0042A Additional Learning
Periods of adverse possession between two successive claimants may be tacked together to make up the full statutory period if __________.
A The first adverse claimant purports to transfer the land to the next
B The first adverse claimant abandons and the next claimant goes into possession
C The second adverse claimant ousts the first
A
Periods of adverse possession between two successive claimants may be tacked together to make up the full statutory period if there is privity of possession between the claimants. Privity is satisfied if the first adverse claimant purports to transfer the land to the next; i.e., the subsequent possessor takes by descent, by devise, or by deed purporting to convey title. Thus, tacking is not permitted where the second adverse claimant ousts the first or where the first claimant abandons and the next claimant goes into possession. QUESTION ID: P0043A Additional Learning
If a landowner is under a disability to sue before an occupier goes into adverse possession, the statute of limitations:
A Does not commence until the disability is removed
B Is tolled once the disability is removed
C Begins to run when the occupier goes into possession
A
If a landowner is under a disability to sue before an occupier goes into adverse possession, the statute of limitations does not commence until the disability is removed. To acquire title by adverse possession, the occupier must show: (i) An actual entry giving exclusive possession that is(ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period. If the owner does not commence an action to eject a would-be adverse possessor before the statute of limitations has run, she is barred from suing for ejectment, and title vests in the possessor. The statute of limitations does not begin to run if the true owner was under a disability to sue (e.g., because of minority, imprisonment, or insanity) when the cause of action first accrued (i.e., at the inception of the adverse possession). Note, however, that a disability arising after the occupier enters into possession has no effect on the statute; the statute will continue to run. If a landowner is under a disability to sue before an occupier goes into adverse possession, the statute of limitations is NOT tolled once the disability is removed. Rather, the statute of limitations begins to run once the disability is removed, as explained above. Although the statute of limitations for adverse possession generally begins to run when the occupier goes into possession, an exception exists when the true owner is under a disability that existed before the occupier went into possession, as explained above. QUESTION ID: P0044C Additional Learning
For purposes of determining title by adverse possession, when is tacking permitted?
A To combine a true landowner’s period of disability and her transferee’s period of disability.
B To combine the periods of occupancy of an adverse possessor and her transferee.
C To combine a true landowner’s consecutive periods of disability.
D To combine periods of occupancy of an adverse possessor and the possessor she ousted.
B
For purposes of determining title by adverse possession, tacking is permitted to combine the periods of occupancy of an adverse possessor and her transferee. A claimant may establish title through adverse possession by showing (i) an actual entry giving exclusive possession that is (ii) open and notorious, (iii) adverse (hostile), and (iv) continuous throughout the statutory period. However, continuous possession need not be accomplished by the same person. If there is privity between successive adverse holders, their periods of adverse possession may be tacked together to make up the full statutory period. Tacking is not permitted to combine the periods of occupancy of an adverse possessor and the possessor she ousted. Periods of adverse possession may be tacked together to make up the full statutory period if there is privity between the successive adverse holders. Privity is satisfied if the subsequent possessor takes by descent, by devise, or by deed purporting to convey title. Thus, tacking is not permitted where one adverse claimant ousts a preceding adverse claimant or where one claimant abandons and a new claimant goes into possession. Tacking is not permitted to combine a true landowner’s period of disability and her transferee’s period of disability. The statute of limitations does not begin to run for adverse possession if the true owner was under a disability (e.g., minority, imprisonment, insanity) when the cause of action first accrued. However, only the owner’s disability that existed at the time the cause of action arose will count. Thus, disabilities of successors in interest have no effect on the statute, and tacking is not permitted to combine a true landowner’s consecutive periods of disability. QUESTION ID: P0043 Additional Learning
