Second Possession Flashcards
Relation back
Once the statute of limitations runs, it only bars any action by the former owner, but it also vests a new title in the adverse possession which relates back to the date of the event that started the statute running
Land sales
Must be written down and cannot be given by constructive or symbolic delivery
Tacking
Joining of consecutive periods of possession by different people to treat the periods as one continuous period
Privity
A connection between two parties
Contract
The relationship between parties to a contract, allowing them to sue each other but preventing a 3rd party
Estate
A mutual or successive relationship to the same right in property
Possession
Between parties in a successive pass of real property, existence is often at issue in adverse possession
Tolling
Pausing time, the “clock” restarts when the true owner returns
Remainderman
Protects their property rights from those who are adversely possessing title
Waste
A future interest holder can sue a life estate holder for waste