Unit II - Adverse Possession Flashcards
What are the statutory elements needed to establish adverse possession?
- Possession must be actual (not constructive)
- Possession must be adverse/hostile
- Possession must be continuous and uninterrupted
- Possession must be exclusive
In Lutz v. Van Valkenburgh, the majority finds that Lutz has not established adverse possession of the property. Why did the court come to that conclusion?
The court says that Lutz’s possessions are not sufficiently fixed - they are moveable, so he has not established continuous possession. The court also finds that Mr. Lutz did not satisfy the mental intent of adverse possession. He conceded that the land wasn’t his and he has no right to it.
Existing doctrine reflects three different views regarding state of mind required of the adverse possessor. Name these three views. Respectively, what are these typically called?
- State of mind is irrelevant
- Required state of mind is “I thought I owned it”
- Required state of mind is “I thought I didn’t own it, but I intended to make it mine”
These are typically called “the objective standard, the good-faith standard, and the aggressive trespass standard”
True or false: If you have a written decree on a portion of land, you have constructive possession of the entire lot.
True.
What is arguably the most difficult part of establishing adverse possession? (Carbone will test on this)
Mental intent
In Manillo v. Gorski (1969), the defendant had steps intruding on plaintiffs’ property by 15 inches. What was the mental intent of the defendant and how did that affect the outcome of the case?
The mental intent of the defendant here is GOOD FAITH. The defendant was mistaken, and had no idea he was intruding on defendant’s property. The court remands this case for trial to see if plaintiff had actual knowledge of the boundary line.
What are the three possible remedies for damages in property?
Trespass, ejectment, damages
