Property I Tutoring; Adverse Possession

Front 1

What is the definition of adverse possession?

Back 1

Means of acquiring title to real or personal property by one who isnot the legal owner, but who takes and maintains possession for the statutory period during which time the real owner does nothing to prevent the running of the statute.

Front 2

What is the policy behind the law of adverse possession?

Back 2

The law does not want original title holder resting on their rights.

Front 3

Ejectment

Back 3

a property owner's cause of action against a wrongful possessor

Front 4

Title Ripens

Back 4

When the limitations period endsd and the adverse possessor gains good title

Front 5

Constructive Adverse Possession

Back 5

Where one claims the entire tract subject to an instrument describing the land (color of title), but only actually occupies a portion of it; the adverse possessor will gain title to the entire area described in the instrument

Front 6

If a constructive adverse possessor does not have color of title, can he or she gain possession?

Back 6

With no color of title, you can only gain adverse possession of what you actually, physically occupy

Front 7

Action to quiet title

Back 7

proceeding to declare the rightful owner of the property

Front 8

Cause of action accrues

Back 8

point at which the adverse possessor first enters

Front 9

possession under color of title

Back 9

possessing property under a written instrument purporting to give title to the property, but if it is invalid for some reason

Front 10

list the components of adverse possession

Back 10

1. open and notorious
2. continuous
3. exclusive
4. adverse
5. beyond statute of limitations period
6. actually in possession

Front 11

Characteristics of Open and Notorious

Back 11

Owner must be reasonably expected to know that another person has entered the property and is asserting a claim to it

test is met if the adverse possessor's use of the property is similar to that which a typical owner of similar property would make of it

Front 12

Continuous

Back 12

Abandonment - possession ends; if he returns the statutory period starts all over again

Seasonal possession will be deemed continuous if the property is such that seasonal use is all that most owners of that type of property would make of it.

Front 13

Exclusive

Back 13

Can't be sharing control of the property with the true owner and it must not be generally available to the public

Front 14

Adverse/Hostile

Back 14

must be inconsistent with the true owner's rights without the owner's consent

Front 15

statute of limitations period - Common Law

(state laws vary)

Back 15

20/21 years for real property

10 additional years for disabilities

4 yeasrs for personal property

Front 16

Tacking

Back 16

Adding together of periods of possession to meet the limitations period requirement

Allowed only with privity of estate

Front 17

Tolling

Back 17

Certain disabilities stop the running of the statute.

Disability must be present at the time the cause of action accrues.

Two Disabilities - longest applies

Front 18

tyes of disability

Back 18

1. infancy
2. insanity
3. imprisonment

Front 19

How long does the period last after the disability is removed

Back 19

an additional ten years

Always use the longest period (either removal of the disability plus ten years or the entire statutory period)

Front 20

Does adverse possession run against the owner of a future interest whose interest is in existence at the time the cause of action accrues

Back 20

Does not run; however, if the future interest is created AFTER the possession has begun, the statutory period continues to run