Adverse Possesion, Continued

Question 1

Under claim of right refers to what?

Answer 1

Mens Rea - What are you thinking when you are doing the taking of the land.

Question 2

Under Claim of Right there are two schools of thought that include:
1.
2.

Answer 2

1. Maine Doctrine
2. Connecticut Doctrine

Question 3

Is the Maine doctrine the law in Maine anymore?

Answer 3

No

Question 4

The Maine Doctrine represents the __________ __________.

Answer 4

Aggressive trespasser

Question 5

What doctrine?
Would be appropriate to say they had a hostile intent; they knew they didn’t own it and they were going to steal it anyway.

Answer 5

Maine Doctrine

Question 6

What doctrine?
Good faith belief.

Answer 6

Connecticut Doctrine

Question 7

Example: Manillo Case went with good faith belief. Built decks and steps and they thought they were on their property and not until after renovations that they discovered it was on their neighbor’s land. They had the mistaken belief that they were building on their own property. They were a _______ _______ ________. They want to keep it but they were not intending it when it happened.
What Doctrine?

Answer 7

Good Faith Trespasser.
Connecticut Doctrine?

Question 8

Two polar opposites of mistaken belief and aggressive trespasser what is actually the law in most places there is ______ __________ __________.

Answer 8

No intent requirement

Question 9

Maine Doctrine and Connecticut Doctrine are polar opposites of mistaken belief and aggressive trespasser what is actually the law in most places there is no intent requirement. The only intent is that:

Answer 9

You are intending to use the property as your own.

Question 10

Continuous means:

Answer 10

Without interruption

Question 11

___________ refers to use which is consistent with customary property under like and similar circumstance. - Are you using it like the true owner wold use it as an AP?

Answer 11

Continuous

Question 12

If you have entered the property you are possessing the property, you are _________ __________to the property by saying hi, welcome to m home or by posting a picture on social media.

Answer 12

Asserting title

Question 13

Another way to assert under a claim of right is to deny ________ to others.

Answer 13

Title

Question 14

In the Valkenburg v. Lutz case. Lutz asserted under a claim of right by:

Answer 14

Chasing the kids off with an iron pipe.

Question 15

If you say no solicitors at your door you would be _____________ title to other people and running folks off of your land.

Answer 15

Denying

Question 16

_____________ right to use somebody’s land.

Answer 16

Easement

Question 17

__________________- without interruption. You do NOT have to spend 365 sleeping in your home. Might have went on vacation, stayed at sister’s house, visit grandparents, church retreat. We have a variety of reasons why we might not be at home some nights.

Answer 17

Continuous

Question 18

You can steal a vacation house and you can do it by only being there three months or how long it is that people are there or what people with summer houses do.
True of False

Answer 18

True.

Question 19

In certain circumstances you can add your time on to the AP behind you to reach that number faster. You have to have ________________________, known as __________.

Answer 19

Relationship with that person
Privity

Question 20

It can take longer to acquire title to AP if you enter against someone who is ________ for purposes of the statute.

Answer 20

Disabled

Question 21

__________ __________ has been defined as: The ordinary use to which the land is capable and such as an owner would make it.

Answer 21

Actual Entry

Question 22

Occupying

Answer 22

Actual entry

Question 23

Clearing

Answer 23

Actual entry

Question 24

Cultivating

Answer 24

Actual entry

Question 25

Pasturing

Answer 25

Actual entry

Question 26

Erecting

Answer 26

Actual entry

Question 27

Fences

Answer 27

Actual entry

Question 28

Improvements

Answer 28

Actual entry

Question 29

Paying property taxes

Answer 29

Actual entry

Question 30

Collecting rental payments

Answer 30

Actual entry