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25 Cards in this Set

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  • Back
Six elements of Adverse Possession?
Hostile, exclusive, lasting, uninterrupted, visible, actual
Being on the property with no right to be there
X must be excluding others from possessing the property
The possession must last for the statutory period. Unless another period given, use common law period of 20 years.
Must be the kind of continuous use an ordinary owner would make
Open and notorious
Must actually possess the land to get title
Two things are not required:
1. O does not have to know trespasser is on land
2. X does not have to think that X owns the property; it's ok for X to be trespasser and know it. No need for claim of right by adverse possessor.
Doctrine of adverse possession?
An exception to the rule that there must be actual possession.
What is color of title?
A bad title. Possessor is not a naked trespasser, but holds a claim of title that is no good.
What if someone goes on property under a color of title to a larger tract, but only actually possesses a part of the larger unit?
Constructive adverse possession can give title to the rest of the property.
What are 2 additional requirements under this doctrine?
1. The amount actually possessed must bear a reasonable relation to the whole
2. The property must be unitary, that is, a seamless whole.
Leasing land to someone else?
This qualifies as possessing it for adverse possession purposes.
Adverse possession against concurrent owners?
1. Can occur only when the possessor excludes the other cotenants from possession and the statute runs.
2. The exclusion starts the clock running, not the mere absence of the other co-tenant.
What are the future interest situations?
1. Life estate + future interest
2. Fee simple determinable
3. Fee simple on a condition subsequent
Life estate plus future interest?
Clock starts running against future interest holder when life estate person dies
Fee simple determinable
Happening of the condition starts the clock running for the purposes of adverse possession.
Fee simple on a condition subsequent
Clock starts when grantor exercises the right of entry.
Can tack periods of adverse possession, but the periods must pass directly from one adverse possessor to another, no gaps.
Can also tack periods of true ownership, meaning that the AP does not have to be against the present owner for the entire statutory period.
Being a minor, insane, or in jail.
If owner is under disability at time AP starts possession...
the clock won't start to run until O is free of that preexisting disability.
If O under disability during the start of AP?
It's intervening, and is ignored.
Tacking of disabilities?
Adverse possession against governmental land?