Real Property-Adverse Possession Flashcards
What are the elements necessary to acquire adverse possession?
Continuos possession (for the statutory period)
2) Open and notorious
3) hostile
4) exclusive
What is adverse possession?
The doctrine allows unlawful possessor to acquire a good title.
‘Until the right is earned, the adverse possessor is a trespasser
What is the rationale behind the adverse possession doctrine?
To punish the owner for sleeping on their rights
To reward the adverse possessor for earning the right
What are the three phases of the element of continuos possession?
Enter phase
Middle stage (when the trespasser uses the land)
End Phase: when the stature of limitation runs out and the trespasser acquires legal ownership by operation of law
The continuity is not literal. So long as it is consistent with the property. If it is a vacation home a consistent continuos use will suffice.
Can the adverse possession period be interrupted and how?
Yes. It can be interrupted if the owner ejects the trespasser.
What is tacking?>
When the adverse possessor cannot satisfy the continuity requirement of her own she can tack on the predecessor’s time on the property to satisfy the statute of limitation.
Can I become an adverse possessor of a land owned by a person with a dissability?
No. (infancy, insanity, imprisionment)
The disability must be present at the time of entering, not after.
What does hostile possession means?
It means they have a possession that is adverse to the actual owner’s interest.
Majority Rule: ignores the adverse possessor’s state of mind.
minority rule: inquires the adverse possessor’s state of mind and asks if:
good faith: the adverse possessor’s claim is hostile if she thinks the land is unowned and she is the rightful owner.(adverse possessor by mistake.
Bad faith: the adverse possessor knows he is not the owner. Aggressive trespass.
What are the requirements to comply with the open and notorious element>
Possession must be open and notorious. this means that the use would put a reasonable true owner on notice of that adverse use.
The trespasser can’t use in hiding, he must use the property as is he was the true owner.
Tip: Look if the neighbors interact with that person as if it were an owner.
How to satisfy the element of exclusive possession?
The adverse possessor cannot share the possession with the land owner.
If two people possess the property together they can acquire title by adverse possession as tenants in common.
what is constructive adverse possession?
When a person acquires land under color of authority (fraudulent deed) and occupies only a portion of the acquired land at the end of the statutory time, he will acquire the title of the occupied land and constructive possession of the rest of the land as described on the deed.
