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Flashcards in 5) AP Deck (30):
1

adverse possession: elements (6)

1) actual 2) exclusive 3) open and otorious 4) averse or hostile under color of title or claim of right 5) continuous 6) for the statutory period

2

AP: continuous

continuous use as a regular owner would (dnh to be there every day). --distinct from statutory period

3

extent of land you get (AP

color of title: full amount in deed claim of right: just what you were actually using

4

ways to raise AP in lawsuit (2)

as D: defense to ejection suit as P: affirmiatve case to quiet title

5

F: P bought land 30 yrs ago from parents in law, but only one of them signed deed, both supposed to H: P keeps the land--lack of signature dnm deed insufficient for color of title. . Physical descritption of land suficient.

Romero v. Garcia

6

AP: adverse or hostile: state of mind

Westmoreland has objective test, just need possession. Minority rule -- subjective test

7

AP: exclusive

exclusive OF THE OWNER (no permission of owner) --NOT: no one else can ever enter it

8

AP: special rule re gvt

can't AP vs gvt

9

F: native Alaskans took over recreational land by building small improvements every other summer H: meets elements of AP use -- quality/quantity of acts required depends on character of land in question (rural so less) hostile--objective test N: only got land they were actually using (COR) anthropologist testified that couldn't own it

Nome 2000 v. Fagerstrom

10

Brown v. Gobble

F: 2 feet of P's property is on D's side of fence. H: AP is found bc meets 6 elements. Objective perspective re adverse/hositle

11

AP: color of title: def

you thought you had title but there was a defect in the title

12

AP: color of title: result

you get the WHOLE AREA of land defined in the title as "constructive possession" (contrast: CoR have to show you were acutally using whole area) --time must AP is shorter

13

AP: statutory period

W: 15 years for COR or 10 years for COT

14

rship btwn AP and trespass

AP turns T.ers into owners. (T can ripen into AP if you dn sue to eject)

15

AP: tacking: exception

per Gobble court, if first owner had it for statutory timeframe dnh to tack bc it passes to next owner as already part of parcel)

16

AP: adverse or hostile: state of mind: minority rule tests (2)

1) intentional dispossession: only have a claim if AP'er knew land wasn't theirs and still tried to take vs opposite 2) good faith -- AP'er must show acting in good faith

17

AP: adverse or hostile (3)

nonpermissive from owner --presumption of nonpermission if you're possessing --W: no SoM requirement (so dn require hostile intent/attitude)

18

AP: statutory period: tolling: "from when COA first accrues"

from when circumstances that led to the lawsuit began. (so which was first? the AP or the tolling condition?)

19

F: 2 feet of P's property is on D's side of fence. H: AP is found bc meets 6 elements. Objective perspective re adverse/hositle

Brown v. Gobble

20

AP: statutory period: tacking

--allowed in W --can add up time you (or your predecessor) were AP'ing under various owners --2 parties must be in privity

21

AP: claim of right

you just establish yourself and dnh color of title

22

AP: adverse or hostile: nonpermission -- exception

exception to the PRESUMED non-permission: permission given at some point in the past, continues until revoked

23

AP: actual

actually using the land --dnh to be constant, just how a true owner would --ex. fence, sig activities

24

Romero v. Garcia

F: P bought land 30 yrs ago from parents in law, but only one of them signed deed, both supposed to H: P keeps the land--lack of signature dnm deed insufficient for color of title. . Physical descritption of land suficient.

25

AP: open and notorious

--puts reasonable owner on notice that property being occupied --DN require actual notice

26

if AP doesn't work out: other ways to get property from someone in a boundary dispute

--oral agreement --acquiesence --estoppel --laches

27

AP: extra element

paying property taxes (NOT W.)

28

AP: stattuory period: tolling: factors (5)

1) infancy 2) insanity 3) incompetence 4) imprisonment 5) absence from state

29

adverse possession: standard of proof (W)

clear and convincing evidence

30

Nome 2000 v. Fagerstrom

F: native Alaskans took over recreational land by building small improvements every other summer H: meets elements of AP use -- quality/quantity of acts required depends on character of land in question (rural so less) hostile--objective test N: only got land they were actually using (COR) anthropologist testified that couldn't own it