Real Property

Front 1

Six elements of Adverse Possession?

Back 1

HELUVA
Hostile, exclusive, lasting, uninterrupted, visible, actual

Front 2

Hostile?

Back 2

Being on the 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

The possession must last for the statutory period. Unless another period given, use common law period of 20 years.

Front 5

Uninterrupted

Back 5

Must be the kind of continuous use an ordinary owner would make

Front 6

Visible

Back 6

Open and notorious

Front 7

Actual

Back 7

Must actually possess the land to get title

Front 8

Two things are not required:

Back 8

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.

Front 9

SPECIAL RULES FOR ADVERSE POSSESSION

Back 9

Intro

Front 10

Doctrine of adverse possession?

Back 10

An exception to the rule that there must be actual possession.

Front 11

What is color of title?

Back 11

A bad title. Possessor is not a naked trespasser, but holds a claim of title that is no good.

Front 12

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?

Back 12

Constructive adverse possession can give title to the rest of the property.

Front 13

What are 2 additional requirements under this doctrine?

Back 13

1. The amount actually possessed must bear a reasonable relation to the whole
2. The property must be unitary, that is, a seamless whole.

Front 14

Leasing land to someone else?

Back 14

This qualifies as possessing it for adverse possession purposes.

Front 15

Adverse possession against concurrent owners?

Back 15

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.

Front 16

What are the future interest situations?

Back 16

1. Life estate + future interest
2. Fee simple determinable
3. Fee simple on a condition subsequent

Front 17

Life estate plus future interest?

Back 17

Clock starts running against future interest holder when life estate person dies

Front 18

Fee simple determinable

Back 18

Happening of the condition starts the clock running for the purposes of adverse possession.

Front 19

Fee simple on a condition subsequent

Back 19

Clock starts when grantor exercises the right of entry.

Front 20

Tacking?

Back 20

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.

Front 21

Disability?

Back 21

Being a minor, insane, or in jail.

Front 22

If owner is under disability at time AP starts possession...

Back 22

the clock won't start to run until O is free of that preexisting disability.

Front 23

If O under disability during the start of AP?

Back 23

It's intervening, and is ignored.

Front 24

Tacking of disabilities?

Back 24

NO.

Front 25

Adverse possession against governmental land?

Back 25

No.