Adverse Possession, Continued

Question 1

In which answer is the correct type of privity matched with the correct example of privity?

A. Privity of Estate: Deed
B. Privity of Contract: Purchse Agreement
C. Privity of Possession: Permission
D. All of the above
E. None of the above

Answer 1

D. All of the above

Question 2

Privity of Estate:

Answer 2

Deed

Question 3

Privity of Contract:

Answer 3

Purchase Agreement

Question 4

Privity of Possession:

Answer 4

Permission

Question 5

Types of Privity:
1.
2.
3.

Answer 5

1. Privity of Contract
2. Privity of Estate
3. Privity of Possession

Question 6

Privity between parties in successive possession of real property. The existence of this type of privity is often at issue in adverse possession claims.

Answer 6

Privity of Possession

Question 7

___________ of ____________ proven through establishing permission.

Answer 7

Privity of possession

Question 8

A mutual or successive relationship to the same right in property, as between grantor/ grantee.

Answer 8

Privity of Estate

Question 9

Where we do exchange a deed. AP #1 sells the property to AP #2 and gives them a deed and walks away with money.

Answer 9

Privity of Estate

Question 10

The relationship between the parties to a contract, allowing them to sue each other, but preventing a third party from doing so.

Answer 10

Privity of Contract

Question 11

When you sell property, you have a purchase agreement or a land sale agreement.

Answer 11

Privity of Contract

Question 12

Example: Robert says to K, I am going to prepare a purchase agreement where K agrees to buy the property and K pays Robert money. Best example of _________ of _________.

They never followed through and exchanged a deed but Robert gave K permission to be there and that permission was reflected in a written contract.

Answer 12

Privity of contract

Question 13

T is Adverse Possessing Blue Acre and Trey gets a new job and has to leave. The AP period is 15 and T has been there for 12 and he feels like that has value and somebody else stays there for 3 years and they have the whole thing and T says to B, If you give me 50K and you live here you will own a 400K house as long as nobody kicks you out. T walks away with 50K and B only has to stay for 3 more years and B will own the 400K only paying 50K. That conversation is _____________ of _____________.

Answer 13

Privity of Possession.
Because T gave you permission to have the property, permission to take it over.

Question 14

The joining of consecutive periods of possession by different persons to treat the periods as one continuous period. The adding of one’s own period of land possession to that of a prior possessor to establish continuous adverse possession for the statutory period.

Answer 14

Tacking

Question 15

To ________ one person’s possession to that of another for purposes of adverse possession, a nexus of ________ between successive claimants is necessary. Thus, successive possessions cannot be tacked for the purpose of showing a continuous adverse possession in the absence of ________ of ________ or a connection between the successive occupants.

Answer 15

Tack
Privity
Privity of estate

Question 16

You can only tack if you have __________.

Answer 16

Privity

Question 17

You are not going to have ________ with someone you have not interacted with, you have to have a relationship between the people.

Answer 17

Privity

Question 18

___________ is the connection or relationship between two parties, each having a legally recognized interest in the same subject matter (such as transaction, proceeding, or piece of property.)

Answer 18

Privity

Question 19

Manillo public policy: It is better to allow adverse possession where_________ ________ is present than to require that the adverse possessor be an intentional wrongdoer - the court seems to favor honesty.

Answer 19

Mistaken belief

Question 20

Manillo Public Policy: With respect to the ___________ and _________ requirement, the court wants to protect the adjacent homeowner from constantly being on alert for small encroachments. The court does not want you to have to order a new survey every time your neighbor makes small improvements on their home at or near the boundary lines.

Answer 20

Open and notorious

Question 21

_______ __________: Once the statute of limitations runs, it not only bars any action by the (former) owner, but it also vests a new title in the adverse possessor which relates back to the date of the event that started the statute running. The law operates as though the new owner has held title since that event.

Answer 21

Relation Back

Question 22

The adverse possessor can show that entry and possession is an __________ of __________, so long as he is denying title to all others and his interests are adverse to the true owner’s interest.

Answer 22

Assertion of title

Question 23

If the possessor occupies the land in question, intending to occupy that particular piece as his own, then his occupancy is ____________.

Answer 23

Adverse

Question 24

Most jurisdictions now hold that under ________ _______ __________ in the context of adverse possession does not require ill will or malevolence on the part of the adverse possessor, but can be founded upon ignorance and advertance or mistake as to the actual boundary between the parcels.

Answer 24

Claim of right

Question 25

When possession of property is so conspicuous that it is generally known and talked of by the public or people in the neighborhood, such possession is said to be notorious. Possession must give the owner the opportunity to be on notice of the occupancy, regardless of whether they have actual notice. This refers to what?

Answer 25

Open and notorious

Question 26

Acts warning the true owner that his property is being adversely possessed should be made with sufficient obtrusiveness not science ability. This refers to what?

Answer 26

Open and notorious

Question 27

Human objects or structures

Answer 27

Open and notorious

Question 28

The building of roads

Answer 28

Open and notorious

Question 29

Storing of motor vehicles

Answer 29

Open and notorious

Question 30

Pasturing cattle each year during the season.

Answer 30

Open and notorious

Question 31

Continuous occupancy of a hunting shack during hunting season was sufficient. The use of property for summer home for recreational purposes was sufficient. Physical seasonal absence from a summer residence did not breach the chain of continuous peaceable possession for purposes of establishing an adverse user. True or False

Answer 31

True

Question 32

Adverse Possession Elements:
1.
2.
3.
4.

Answer 32

1. Actual entry giving exclusive possession that is
2. Open and notorious
3. Adverse and under a claim of right and
4. Continuous for the statutory period

Question 33

Adverse Possession Element 1

Answer 33

Actual entry giving exclusive possession (not with the owner in occupancy and not with permission of the owner) that is;