Adverse Possession Flashcards

1
Q

Adverse Possession ________ owners who ________ on their rights, and _________ adverse possessor’s who ____________rights by possession.

A

Punishes
Sleep
Rewards
Earn

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2
Q

Adverse Possession encourages the ______________ __________ ________ ___________, rather than allowing land to go ____________ and _________.

A

productive use of proeprty
Unattended and unused

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3
Q

Adverse Possession furthers the ______________ of land.

A

alienability

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4
Q

With adverse possession, you steal ownership of it. True or False.

A

True

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5
Q

Alienability means:

A

The free transferability of land.

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6
Q

The free transferability of land.

A

Alienability

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7
Q

_____________ is important for land because we want land to be put to its highest and best use, so it has to be easy for land to be bought and sold.

A

Alienability

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8
Q

Restraints on alienation are bad. True or False

A

True

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9
Q

A _____________ is a piece of paper that shows that you own the land.

A

Deed

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10
Q

One of the most difficult things to prove to acquire title through adverse possession is the ___________ ______________.

A

Statutory Period

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11
Q

The Statute of Limitations starts when the adverse possessor

A

Physically enter the land and begins the adverse possession.

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12
Q

The statute of limitations starts when the adverse possessor physically enters the land and begins the adverse possession. The true owner has the ability at any point during that statutory period to ____________ the adverse possessor to ___________ __________ of their ________.

A

Dispossess
Regain possession of their property

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13
Q

The statutory period for adverse possession starts when__________________________________. (When A enters and begins to adversely possess.

A

The cause of action accrues

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14
Q

Statutory period for adverse possession starts when the cause of action accrues (when A enters and begins to adversely possess). Owner has the right to commence action(s) for
1.
2.
3.

A
  1. Quiet Title
  2. Ejectment or
  3. Injunction
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15
Q

Statutory period for adverse possession starts when the cause of action accrues (when A enters and begins to adversely possess).

Owner has the right to commence action(s) for Quiet Title, ejectment, or Injunction.

Period ends at the end of the __________ __________, subject to an exception for __________ (as specified by statute.)

A

Statutory period
Disabilities

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16
Q

Statutory period for adverse possession starts when the cause of action accrues.

Owner has the right to commence action(s) for Quiet Title, Ejectment, or Injunction.

Period ends at the end of the statutory period, subject to an exception for disabilities (as specified by statute).

Law regarding AP is governed by both __________ rules and __________ __________ rules.

A

statutory
Court made

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17
Q

You actually physically are here and today you would do that by documenting taking a selfie, “day one of adverse possession.” This refers to what:

A

Actual entry

18
Q

Pertains to the true owner of the property. They cannot be physically present, and they cannot give you permission to be there. This refers to what?

A

Giving exclusive possession

19
Q

Pertains to the true owner of the property. They cannot be physically present, and they cannot give you permission to be there. This refers to what?

A

Giving exclusive possession

20
Q

______________ is the landowner’s greatest defense to adverse possession.

A

Permission

21
Q

It is impossible to separate _______ and __________.

A

Open and notorious

22
Q

Visible/ Apparent and not hidden. The point is that you want to behave in such a way that the true owner would be able to have notice of the fact that you are AP.
What does this refer to?

A

Open and notorious

23
Q

visible/ apparent and not hidden. The point is that you want to behave in such a way that the true owner would be able to have notice of the fact that you are Adverse possessing. They don’t ever have to get notice; they may have moved to Alaska and are never coming back. That is okay but you have to behave in a way that if they were looking _________ _________ ________ ________.

A

They would see it.

24
Q

Receiving mail - filing out a federal form with a start date. I am now receiving mail at this location.

A

Open and notorious

25
Q

Cars in the driveway

A

Open and notorious

26
Q

Utilities - KUB bill. Spectrum Cable, Xfinity, Internet, Landline

A

Open and notorious

27
Q

Put signs out front (Happy Acre - The Swanson’s

A

Open and Notorious

28
Q

Door Mat

A

Open and Notorious

29
Q

Holiday Decor
Ex. 12-foot Grinch inflatable, or two of them.

A

Open and Notorious

30
Q

Painting, Building Decks, Pouring Concrete

A

Open and Notorious

31
Q

Trash Service

A

Open and Notorious

32
Q

Fence

A

Open and Notorious

33
Q

No trespassing signs

A

Open and Notorious

34
Q

Beware of Dog signs

A

Open and notorious

35
Q

Throw a party and invite your neighbor - claim of right where you are asserting title. If I say, “Jackson, welcome to my home.” Demonstratively stating this is my house.

A

Open and Notorious

36
Q

Smoke coming out of fireplace.

A

Open and Notorious

37
Q

Cooking and the smell going through the neighborhood grilling steaks.

A

Open and notorious

38
Q

Burnt oil on the stove and then you open the doors to get it out.

A

Open and notorious

39
Q

Look in the facts and see if the owner is paying rent. If they are not paying for the privilege to be there and they do not have permission to be there, it is unequivocal that they are acting adversely to the true owner’s interés . LOOK FOR RENT! True or False.

A

True

40
Q

Look in the facts and see if the owner is paying rent. If they are not paying for the privilege to be there and they do not have permission to be there, it is unequivocal that they are acting adversely to the true owner’s interest. Look for rent. Even if rent was there but then it disappeared. You were allowed to be there, and you did have a lease, but the lease expired, and you quit paying and you won’t leave you could argue ___________ _____________ becuase your are not there with the owner’s permission and not paying to be there.

A

Adverse possession.