titles

Question 1

adverse posession

Answer 1

possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title to real property

OCEAN or COAEH
* continuous interfernce: thru statutory period, uninturuted as owner might use
* open and notorious: occupation must be sufficiently apparent to put the true owner on notice that a trespass is occurring– visible
* actual: literal occupation made by possesor; if just a propotion, can still be enough but needs to be enough to put owner/community on notice; if AP enters under color of title (invalid deed), she is deemed to be in constructive possession of all the land that the deed describes, as long as she is in actual possession of a reasonable portion of that land in construtive
* exclusive: possessor not sharing with the true owner of the public
* hostile: without true owner’s consent or permission

Question 2

tacking

Answer 2

One adverse possessor may tack on to his time with the land his predecessor’s time, so long as there is privity of possesion between the possessors

Privity is satisfied if the first adverse claimant purports to transfer the land to the next by any non-hostile nexus, such as a contract, deed, or will.
* not ousting

Question 3

AP & disabilities

Answer 3

he statute of limitations will not run against a true owner who is afflicted by a disability **at the inception of the adverse possession **(meaning, when the cause of action first accrued).

Question 4

AP & future interests

Answer 4

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