W3 Flashcards
Adverse Possession elements
- Actual
- Exclusive
- open and notorious
- adverse and hostile possession
- continuous possession for the required period
- Actual rule
claimant must physically use the land in the same manner that a reasonable owner would given its character, location and nature
- Exclusive rule
the claimant’s possession cannot be shared with the owner or with the public in general
- open and notorious rule
claimant’s possession must be visible and obvious so that if the owner made a reasonable inspection of the land, he would become aware of the adverse claim.
- adverse and hostile possession rule
Note: this element is complex
all states agree that possession authorized by the owner does not meet this requirement.
some states find the element is met only if the claimant believes in good faith that he owns the land
in most states, the claimants state of mind is irrelevant
- continuous possession for the statutory period rule
claimant’s possession must be as continuous as a reasonable owner’s would be, given the character, location, and nature of the land
for the statutory period
the period for adverse possession ranges form 5 to 40 years, depending on the state.
the most common periods are 10,15,20 years
NJ adverse possession statutory period (2)
30 years
Woodlands = 60 years because presumed its harder to identify an adverse possessor and its not clear what the economic use is
NY adverse possession statutory period
10 years
easement definition
nonpossessory right to use land in the possession of another person
quitclaim deed definition
you take it as is
the adverse possession periods of two or more successive occupants may be added together to meet the statutory period under the doctrine of _____
tacking
