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8 Cards in this Set
- Front
- Back
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WHAT IS ADVERSE POSSESSION (AP)? |
A method of acquiring title to real property by possession for a statutory period under certain conditions, namely a non-permissive use of the land with a claim of right when that use is continuous, exclusive, hostile, open, and notorious. |
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WHAT ARE THE SIX ELEMENTS FOR AP? |
(1) Actual Possession; (2) Exclusive Possession; (3) Open and Notorious; (4) Adverse and Hostile; (5) Continuous; and (6) For the Statutory Period |
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WHAT IS ACTUAL POSSESSION? |
Actual Possession: Claimant must physically use the land in the same manner that a reasonable owner would, given its character, location and nature – Excludes the true owner |
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WHAT IS EXCLUSIVE POSSESSION? |
Exclusive Possession: Claimant’s possession cannot be shared with the owner or with the public in general. |
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WHAT IS OPEN AND NOTORIOUS? |
Openand Notorious Possession: Claimant’spossession must be visible and obvious, so that if the owner made a reasonable inspection of the land, he would become aware of the adverse claim. |
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WHAT IS ADVERSE AND HOSTILE POSSESSION? |
Adverse and Hostile Possession: (i) Somestates find that this element is met only if the claimant believes in good faith that he owns the land. In most states, the claimant’s state of mind is irrelevant (in NC, intent is irrelevant, just look at conduct); and (ii) Another view-now rare- requires both bad faith, that is that the claimant must intend to take title from the owner. |
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WHAT IS CONTINUOUS POSSESSION? |
Continuous Possession: Claimant’s possession must be as continuous as a reasonable owner’s would be, given the character, location, and nature of the land It is based on the statutory period. Must be without significant interruption. Seasonal use is okay, if that is how a reasonable owner would use the land (Beach Property). |
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STATUTORY PERIOD? |
For the Statutory Period: –The period of adverse possession ranges from 5 to 40 years, depending on the state. The most common periods are 10, 15, and 20 years -----> The trespass triggers the clock for the statutory period. |
