Titles - Adverse Possession

Question 1

As to the openly and notoriously element of AP, besides occupying the land himself, how else can a landlord fulfill this element?

Answer 1

by allowing his tenant but no other parties to physically possess that land and pay him rent

Question 2

What is adverse possession?

Answer 2

Adverse possession allows a trespasser in unlawful possession of land owned by another to acquire title to that land if their possession is:

1. Continuous for the statutory period;
2. open and notorious;
3. exclusive;

AND

4. hostile

Question 3

As to the continuous requirement, will seasonal or infrequent use suffice?

Answer 3

Seasonal or infrequent use will suffice if the use is consistent with the type of property being possessed.

Question 4

What is tacking?

Answer 4

Tacking. An adverse possessor can tack on the time of possession of a prior adverse possessor to meet the statutory period requirement if the adverse possessors are in privity with one another (i.e., the transfer of land was voluntarily agreed upon).

Question 5

As to the contin. requirement, what if the owner had a disability?

Answer 5

Disabilities. The statutory period will not run against a true owner who had a disability (e.g., insanity, imprisonment, etc.) at the time the adverse possession begun.

Question 6

What is required for the open and notorious element?

Answer 6

The adverse possessor must use the property as if they were a true owner (i.e., the trespasser’s possession of the property cannot be hidden from the true owner).

Question 7

What is required for the exclusivity element?

Answer 7

The adverse possessor cannot share possession of the property with the true owner.

Question 8

What is required for the hostile element?

Answer 8

The adverse possessor cannot have the true owner’s consent to possess or use the property (i.e., the possession must be adverse to the true owner’s interest).