Real Property -- Adverse Possession**

Front 1

Adverse Possession

Back 1

Allows for acquisition of real property based on expiration of statute of limitations for trespass.

If landowner does not take an ejection action within SOL, possessor can adversely take property.

Front 2

Adverse Possession

HELUVA

Back 2

1) Hostile (
2) Exclusive
3) Lasting (through statutory period)
4) Uninterrupted (can be seasonal)
5) Visible ("open and notorious")
6) Actual (subject to exceptions)

Front 3

Adverse Possession
Exceptions -- Actual Possession

(2)

Back 3

1) Doctrine of Constructive Adverse Possession

2) Leased Land

Front 4

Adverse Possession

Doctrine of Constructive Adverse Possession

(2)

Back 4

1) Amount of land actually possessed r/s relation to whole

2) Property must be unitary (one seamless whole)

Front 5

Adverse Possession

Leased Land

Back 5

Leasing land to a third-party constitutes possession for purposes of AP

Front 6

Adverse Possession and Future Interests

Life Tenant and Remainderman

Back 6

AP clock does not start to run until holder of future interest takes possession

Front 7

Adverse Possession and Future Interests

FSD and Possibility of Reverter

Back 7

AP does not start to run until happening of condition

Front 8

Adverse Possession and Future Interests

FSCS and Right of Entry

Back 8

AP does not start to run until grantor exercises right of entry

Front 9

Adverse Possession

Tacking

Back 9

Adverse possessor can take successive period of adverse possession to satisfy statute period

***SUCCESSIVE ... NO GAPS ALLOWED***

Front 10

Adverse Possession

Disabilities

3 "Is"

Back 10

Infancy
Incarceration
Insanity

If True Owner suffering from any of these, clock does not start to run on AP until TO free of disability

But NO TACKING of Disabilities

Front 11

Adverse Possession

Government Land

Back 11

Cannot be acquired through adverse possession

Front 12

Adverse Possession

Marketability of Title

Back 12

Requires court action to clear title