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4 Cards in this Set
- Front
- Back
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Adverse Possession |
Possession for a statutorily defined period ripens into title
Elements: 1. Continuous -- NY: 10 yrs 2. Open and notorious (type of use owner woudl make) 3. Actual (not symbolic) 4. Hostile |
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Possessor's Intent - MBE v. NY |
MBE: possessor's subjective intent is irrelevant
NEW YORK: possessor must have mistaken, good faith belief that land is HIS. |
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Tacking |
Requirement for tacking: -- privity: non-hostile nexus - blood, deed, will
No tacking when there was ouster |
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Disabailities |
Satute of Limitations does not run if owner is disabled at start of adverse possession
-- insanity, infancy, imprisonment |
