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13 Cards in this Set
- Front
- Back
6 elements to get title by adverse possession. |
HELUVA: |
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"hostile" |
Being on property with no right to be there. |
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"Exclusive" |
X must be excluding others from possessing the property |
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"lasting" |
Possession lasts for statutory period. Assume common law 20 years. TX has 4 time periods: |
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"uninterrupted" |
Continuous use that an ordinary owner would make |
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"visible" |
Out in open ("open and notorious") |
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"actual" |
Must actually possess the land to get title. |
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NOT required for adverse possession |
O doesn't need to know that trespasser is on land. |
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Constructive adverse possession doctrine. |
If on property under color of title to a larger tract but only actually possesses a part of the larger unit, can get title to rest if: |
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AP against concurrent owners |
Only when possessor excludes other co-tenants from possession and statute runs. |
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Tacking |
Can tack together periods of time for AP; directly from one AP to another. No gaps. |
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Can you adversely possess government land? |
No. |
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Disability in the adverse possession context |
If owner is under disability (minor, insane or in jail) when AP begins, AP clock starts when O is free of preexisting disability. |