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3 Cards in this Set
- Front
- Back
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Amy occupies Greencre in the belief that it is Brownacre, which she has purchased from Jade. The SOL for ejectment is 10 years.
a) is Amy's possession hostile for purposes of adverse possession? |
a) Yes, even thought acting on a mistaken belief, Amy has a good faith belief that the land is hers and she intends to claim the land as her own. If she stays in possession long enough, she wins under either the objective or subjective test of claim of title.
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Amy occupies Greencre in the belief that it is Brownacre, which she has purchased from Jade. The SOL for ejectment is 10 years.
b) If Amy occupies Greenacre for three years, then "sells" it to Charlie, who occupies for seven years, is the owner barred from ejecting Charlie? |
b) Yes, Charlie can tack Amy's possession on to his own if he is in privity of estate with Amy. Even though Amy had no color of title to Greenacre, voluntary transfer of possession of Greenacre by Amy to Charlie puts Charlie in privity of estate with Amy. Thus, together they have held adversely for 10 years.
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S plants a hedge on what he believes to be the true boundary between his property and that of his neighbor, K. In fact, the hedge is 20 feet inside K's property. If S occupies the land inside the hedge for the requisite period of AP, does he obtain title to the 20-foot strip?
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SPLIT: Some JX say S is not an AP if he would not have occupied the 20-foot strip if he had known it was not his. If he would not have occupied it had he know of the mistake, he does not have a hostile intent. Most courts reject this subjective view of hostile intent and find that S acted hostilely when, believing the 20-foot strip was his, he performed objective acts claiming ownership.
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