Property Adverse Possession Mhm

Front 1

6 elements to get title by adverse possession.

Back 1

HELUVA:

Hostile
Exclusive
Lasting
Uninterrupted
Visible
Actual

Front 2

"hostile"

Back 2

Being on property with no right to be there.

Front 3

"Exclusive"

Back 3

X must be excluding others from possessing the property

Front 4

"lasting"

Back 4

Possession lasts for statutory period. Assume common law 20 years. TX has 4 time periods:

1. Under color of title and only narrow defects in title, 3 [VERY rare, don’t use]
2. Color of title and pays all taxes, 5
3. Bare possession with no color of title (naked trespasser), 10. Limited to 160 acres unless a larger area is fenced in
4. Paid taxes for entire period, under a color of title, true owner under a disability: 25

Front 5

"uninterrupted"

Back 5

Continuous use that an ordinary owner would make

Front 6

"visible"

Back 6

Out in open ("open and notorious")

Front 7

"actual"

Back 7

Must actually possess the land to get title.

2 exceptions:
1) constructive adverse possession
2) leasing of land not owned

Front 8

NOT required for adverse possession

Back 8

O doesn't need to know that trespasser is on land.

X doesn't have to think that X owns property-- okay for X to be a knowing trespasser. No need for a claim of right by AP.

Front 9

Constructive adverse possession doctrine.

Back 9

If on property under color of title to a larger tract but only actually possesses a part of the larger unit, can get title to rest if:

1) Amount actually possessed has reasonable relation to whole

2) Property is unitary (seamless) whole

Front 10

AP against concurrent owners

Back 10

Only when possessor excludes other co-tenants from possession and statute runs.

Exclusion (not mere absence of co-tenant) starts clock.

Front 11

Tacking

Back 11

Can tack together periods of time for AP; directly from one AP to another. No gaps.

Can tack periods of true ownership. AP doesn't have to be against the present owner for entire statutory period.

Front 12

Can you adversely possess government land?

Back 12

No.

Front 13

Disability in the adverse possession context

Back 13

If owner is under disability (minor, insane or in jail) when AP begins, AP clock starts when O is free of preexisting disability.

If disability after AP begins, it’s intervening and ignored.

TX ONLY: max tolling period for disabilities is 25 years