Subsequent Possession: Adverse Possession Flashcards
What is the ad coelum doctrine?
The landowner owns at least as much of the space above or below the ground as he can occupy or use in connection with the land.
What is the doctrine of agreed boundaries?
If there is uncertainty between neighbors on the true boundary line, an agreement to settle the matter is enforceable if the neighbors subsequently accept the line for a long period of time.
What is the doctrine of acquiescence?
Long acquiescence - for a period of time shorter than the statute of limitations - is evidence of an agreement between parties fixing the boundary line.
Acquiescence is less than a true agreement.
When is the doctrine of estoppel used in property?
When one neighbor makes representations about (or engages in conduct that indicates) the location of a common boundary, and the other neighbor then changes their position in reliance on the representations or conduct. The first neighbor is then estopped to deny the validity of their statements or acts.
What is color of title?
The person claiming the land has a deed, will, or other document, which appears to pass title, but which does not do so because of some legal deficiency.
Ex: the grantor doesn’t own the land conveyed or is incompetent to convey it, or the deed is not properly executed
What is the law for adverse possession under color of title?
Actual possession under color of title of only part of the land covered by the defective writing is constructive possession of all of the land that the writing describes.
What is required for constructive possession in the case of actual adverse possession?
- The tract must be unitary:
* If undivided: the land must appear as a seamless whole (ex: it can’t be separated by a road)
* If divided into lots: the lots must be contiguous - Common ownership - the portion occupied by actual adverse possession and the portion claimed by constructive adverse possession must be held by the same true owner
How can adverse possession be terminated before title vests?
- Lawsuit for ejectment
- Physical entry by the owner that is open, notorious, and hostile (will reset the statute of limitations)
- Obtain AP’s acknowledgement that possession is permissive (notice by owner is not sufficient; AP must acknowledge ownership)
- AP abandons the property
What are the three policy reasons for adverse possession?
- Avoiding stale claims - a statute of limitations on trespass claims
- Correcting title errors - AP “quiets” the title after a period of time
- Protecting personal attachments - a thing which you’ve enjoyed and used as your own for a long period of time cannot be taken from you
When a new title is created by AP, when does the title recognize ownership?
The date on which the statute of limitations started running (when the AP first entered the land)
What are the elements of adverse possession?
- Actual entry
- Exclusive possession
- Open and notorious conduct
- Hostile and adverse possession
- Continuous and un-interrupted
What is required for the “exclusive possession” element of AP?
The claimant’s possession and use cannot be shared with the true owner or the public in general.
Absolute exclusivity is NOT required.
What is required for the “open and notorious” element of AP?
The AP’s entry and subsequent actions must put the reasonably attentive property owner on notice that someone is on their property.
The requirement is aimed at constructive notice, not actual notice.
Notoriety is measured to an objective standard.
What is the “discovery rule” for open and notorious conduct in adverse possession?
The statute of limitations doesn’t start to run until the plaintiff knew, or should have known, of the defendant’s wrong-doing.
What is required for the “hostile and adverse” element of AP?
The claimant’s possession cannot be with the true owner’s permission.
