Titles

Question 1

Virginia requirements for adverse possession (ACONHE + Period)

Answer 1

1) Actual
2) Continuous
3) Open and Notorious
4) Hostile
6) Exclusive
7) For statutory period

Question 2

A child in possession of his parents land is presumed to be there with owners permission

Answer 2

To overcome this presumption, the child must give clear and definite or unequivocal notice to the parents of his intention at assert exclusive ownership

Question 3

One co-tenant generally cannot acquire the interest of another co-tenant by adverse possession unless the co-tenant in possession gives actual or constructive notice of her intent to oust the other co-tenant

Answer 3

If one co-tenant transfers his interest to a third party in a transfer purporting to give the third party the sole right to possession, the third party is in adverse possession with regards to the other co-tenant.

Question 4

If surface rights and mineral rights have not been served, adverse possessor gets title to both simply by adversely possessing the surface

Answer 4

In VA, if they have been severed, adverse possessor may only get mineral rights by adversely possessing the minerals

Question 5

Adverse Possession of life estate

Answer 5

A long as T is alive, adverse possessor can only gain title to life estate
To gain title from the remainderman, the adverse possessor must complete a new 15 year period once the life tenant has died.

Question 6

How long is the statuary period for adverse possession in VA

Answer 6

15 years (20 in common law)

However, is owner is under a disability when adverse first takes possession (incarceration, infancy, insanity) then the period is 25 years