Property Learning Questions - Set 7 Flashcards
The hostility element of adverse possession requires that the possessor:
A
Know he is trespassing on someone else’s land
B
Believe he is on his own land
C
Lack the true owner’s permission to be on the land
D
Act with anger or animosity
C
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.
For purposes of determining title by adverse possession, when is tacking not available?
A
When one adverse claimant deeds the land to the other
B
When one adverse claimant devises the land to the other
C
When one adverse claimant ousts the other
D
When one adverse claimant takes from the other by descent
C
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.
O conveys a life estate to A, with a remainder to B.
If during A’s lifetime, X enters into actual, exclusive possession that is open and notorious and hostile for the statutory period, will X obtain title to the land?
A
Yes, if X had color of title
B
No, because land subject to a future interest cannot be acquired by adverse possession
C
No, but X will acquire A’s life estate
D
Yes, because X satisfied the elements of adverse possession
C
No, X will not obtain title to the land. If during A’s lifetime, X enters into actual, exclusive possession that is open and notorious and hostile for the statutory period, X will not obtain title to the land, but X will acquire A’s life estate. If a landowner 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, the statute of limitations does not run against the holder of a future interest (e.g., remainder, reversion) until her interest becomes possessory. The future interest holder has no right to possession until the prior present estate terminates, and thus no cause of action for ejectment accrues until that time. Here, X will acquire A’s life estate by adverse possession (i.e., a life estate pur autre vie, measured by A’s life), but not B’s remainder, which remains nonpossessory while A is living. Thus, upon A’s death, X’s interest will terminate.
This is true even though X satisfied the elements of adverse possession. 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.
Land subject to a future interest CAN be acquired by adverse possession; however, the statute will not begin to run as against the future interest holder until her interest becomes possessory, as explained above. This is true regardless of whether X had color of title (i.e., a document purporting to convey title).
If an adverse possessor uses land in violation of a recorded real covenant for the limitations period, she:
A
Does not take title
B
Takes title subject to the real covenant
C
Takes title free of the real covenant
D
Takes title free of the real covenant unless she had knowledge of it
C
If an adverse possessor uses land in violation of a recorded real covenant for the limitations period, she takes title free of 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 violation of a real covenant (i.e., a written promise to do or refrain from doing something on the land), she takes title free of the covenant EVEN IF she had knowledge of it. However, if she complies with the covenant for the statutory period, she takes title subject to the real covenant. In either case, if an adverse possessor uses land for the limitations period, she DOES take title to the land.
Twenty-five years ago, a man purchased a vacant tract of land from a woman. Unbeknownst to the man, the woman did not own the land. Someone else owned the land in fee simple. Shortly after the purchase, the man built a house on the northwest quarter of the tract, leaving the rest of the tract vacant. Recently, the actual owner of the tract died, still without knowledge that the man had built a house on the northwest corner of the tract. The actual owner’s will left all of his property to his son. The relevant statutory period for adverse possession is 20 years.
If the man brings suit to quiet title to the tract he had purchased 25 years ago, how should the court decide?
A The man is the owner of the entire tract.
B The son is the owner of the entire tract, because as to him, adverse possession began when the actual owner died.
C The son is the owner of the entire tract, because the man only occupied a portion of the tract.
D The son is the owner of the entire tract, if the man did not pay the property taxes on the entire tract.
A
The man would be declared the owner of the tract on the basis of constructive adverse possession. 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. Here, the man actually possessed at least a quarter of the property because he built a house on it. The man used the house alone, so his possession was exclusive. A house is plainly visible, so the possession was open and notorious. The man built the house without the true owner’s permission, so the possession was hostile. And the possession was continuous for 25 years, longer than the statutory period. Actual possession of a portion of a unitary tract of land is sufficient adverse possession as to give title to the whole of the tract of land after the statutory period, as long as there is a reasonable proportion between the portion actually possessed and the whole of the unitary tract, and the possessor has color of title to the whole tract. Color of title is a document that purports to give title, but for reasons not apparent from its face does not. Usually, the proportion will be held reasonable if possession of the portion was sufficient to put the owner or community on notice of the fact of possession. Here, the man had color of title to the entire tract because he purportedly purchased it from the woman. His house took up a significant portion of the property, such that the owner or community would have been on notice of the man’s possession of the tract. Thus, (C) is incorrect. (B) is incorrect because a transfer in ownership does not interrupt the statutory period for adverse possession. (D) is incorrect because only a minority of states require the adverse possessor to pay taxes on the property.
A farmer conveyed a 60-acre parcel of land to a rancher. A private gravel road ran through the center of the parcel. The southern half consisted of arable land, which the farmer, and later the rancher, used for farming. The northern half was undeveloped woodland. The rancher never used the northern half for timbering or for anything else. On very rare occasions, the rancher would take a walk in the woods, but outside of those occasions she never set foot on the northern half.
Fifteen years after the farmer conveyed the parcel to the rancher, a landowner appeared, claiming ownership of the northern half of the parcel. Unbeknownst to either the farmer or the rancher, the landowner’s name had been forged on the deed purporting to convey the parcel to the farmer, and the landowner was, in fact, the true owner of the property at that time. The state in which the parcel is located has a 10-year statutory adverse possession period. The landowner admits that the rancher now has title to the southern half of the parcel by adverse possession.
In an action to quiet title, who will prevail as to the northern half of the parcel?
A The landowner, because the rancher did not actually occupy the northern half.
B The landowner, because one may not obtain color of title through a forged deed.
C The rancher, because her farming of the southern half was constructive occupation of the entire parcel, including the northern half.
D The rancher, because the farmer did not know his deed to the parcel was forged, and he acted in good faith when he conveyed to the rancher.
A
The landowner will prevail in an action to quiet title to the northern half of the parcel because the rancher did not actually occupy the northern half. An adverse possessor will gain title only to the land she actually occupies. Actual possession is the kind of use the true owner would make of the parcel and is designed to give the owner notice of the trespass and the extent of the adverse possessor’s claim. The gravel road divides the parcel into two distinct lots, and the rancher’s use of the northern half was not sufficient to put the landowner on notice of her trespass. (B) is wrong for two reasons: (i) The rancher has color of title. Color of title merely means possession of a document purporting to convey title. (ii) Color of title is not usually necessary to gain title by adverse possession. In most jurisdictions, the possessor need not believe she has a right to possession; she can be a trespasser. (C) is wrong because the rancher’s possession and use of the southern half was not sufficient to constitute constructive possession of the northern half. Possession of a portion of a unitary tract is sufficient adverse possession of the whole if there is a reasonable proportion between the part actually possessed and the whole, and if the possessor has color of title. The rancher has color of title, but she only occupied one-half of the parcel. Moreover, the parcel consists of two lots separated by a road, so it is unlikely that it constitutes a unitary tract. In any case, the rancher’s possession of the southern half was not sufficient to put the landowner on notice of possession of the northern half. (D) is wrong because, regardless of whether the farmer acted in good faith, he did not have any title to convey to the rancher. As noted above, color of title is not usually necessary for adverse possession, which is the only theory under which the rancher could have title to the northern half.
A man owned a tract of land in fee simple. Fifteen years ago, he built a barn on five acres that he believed were part of his property. One year later, the man discovered that the five acres on which he had built his barn were not part of his property. The five acres actually belonged to the woman who owned the adjoining property. The year following the discovery that the five acres belonged to the woman next door, the woman died, leaving all of her property to her one-year-old daughter. The man has brought a quiet title action against the now 14-year-old daughter. The statutory period for adverse possession in this jurisdiction is 10 years. The man has not paid any additional property taxes to account for the five acres for any of the past fifteen years.
Who will prevail?
A The daughter, because the man did not pay the property taxes on the five acres.
B The daughter, because her status as a minor tolls the statute until she reaches her majority.
C The man, because he honestly believed that the five acres were part of his land.
D The man, because he was in continuous possession of the five acres for the statutory period.
D
Because the man was in continuous possession for the statutory period and has met all of the other requirements of adverse possession, he would be declared the owner of the five acres. 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. Here, the man possessed the property by building a barn on it, something that is clearly visible to the public, so the possession was actual and open and notorious. The man did not share the barn with anyone, so the possession was exclusive. The man did not have the true owner’s permission to build the barn, so the possession was hostile. And the possession was continuous for more than 10 years. (A) is incorrect because only a minority of states require the adverse possessor to pay property taxes. (B) is incorrect because the disability of the woman’s successor in interest will not keep the statute from running. For a disability, such as status as a minor, to stop the clock, the disability must have been in existence on the day the adverse possession began. Here, the daughter was not yet alive when the adverse possession began. Thus, her status as a minor will not stop the running of the statute. (C) is incorrect because the man’s state of mind is irrelevant under the majority view. Even if he had possessed the land knowing he was trespassing, he could still claim it by adverse possession.
Fifty-one years ago, an owner conveyed land to a taker for “so long as the land is used solely for residential purposes; otherwise, the interest in land shall revert to the owner and his heirs.” The taker used the land as her personal residence for 20 years, but 31 years ago, she began operating a children’s day camp on the land. The owner knew of this operation, but he took no action.
Two years ago, the aged taker decided to get out of the camp business. She closed her business and once again began to use the land solely as her personal residence. Also two years ago, the owner died, survived by his son and only heir. Now the son is laying claim to the conveyed land. The jurisdiction in which the land is located has a seven-year adverse possession statute and another statute that bars enforcement of possibilities of reverter 55 years after their creation.
May the son validly claim title to the land?
A Yes, because less than 55 years have elapsed since the creation of the possibility of reverter.
B Yes, because the adverse possession period began to run when the taker returned the property to residential status, and the taker has not held for the requisite seven years.
C No, because the adverse possession period began 31 years ago, and the taker has held the property for more than the requisite seven years.
D No, because the owner did not assert his possibility of reverter; thus, no cause of action arose in the owner or his heirs.
C
On the happening of the prohibited event (using the land for other than residential purposes), the taker’s fee simple determinable automatically came to an end, and the owner was entitled to present possession. Not having claimed possession within the applicable seven-year period, and with the taker’s possession being open, notorious, continuous, and adverse, any action by the owner or his heirs is now barred by adverse possession. Thus, (A) and (B) are incorrect. (D) is incorrect because a possibility of reverter becomes possessory automatically upon termination of the prior determinable estate. Unlike a right of entry, a grantor does not have to assert a possibility of reverter in order for a cause of action to arise.
