Section #2 Owning Real Property Flashcards
Real property:
Right in land, and things attached to land.
Personal property:
Right in moveable items (chattels)
Elements of Adverse Possession
HELUVA: Hostile, exclusive, lasting, uninterrupted, visible (open and not), actual
Van Valkenburgh Case
Owned parcels of land, and began tending to a third parcel behind them. Competing family bought the parcel, and they sued for Adverse possession. They didn’t meet elements
Visible: open and notorious element
Adverse possessor was visible and open about using the land in that the real owner would notice
Actual element in AP
Must use the land in a manner a reasonable owner would.
Hostile element AP
Adverse and hostile: being on the property without the right to be there
Exclusive element AP
Not sharing with the public or real owner (no trespassing signs)
Lasting element AP
SOL time period
Uninterrupted element AP
Continuous use like an ordinary owner would (summer homes)