Adverse Possession

Question 1

Elements

Answer 1

1. Actual
2. Exclusive
3. Open and Notorious
4. Hostile
5. Continuous

Question 2

Actual

Answer 2

The person claiming to be an adverse possessor must physically use the land in the same way a reasonable owner would

Question 3

Exclusive

Answer 3

Possession can’t be shared either with the true owner or another adverse possessor

Question 4

Open and Notorious

Answer 4

True owner has to be able to actually know or have an opportunity to discover that you are actually there

Question 5

Hostile

Answer 5

Claim of Right: You are claiming to be there as a matter of right without permission from anyone else - behaving as true owner would behave

Color of Title - a mislabeled deed to the land - enhances argument for claim of right

Question 6

Continuous

Answer 6

Have to satisfy all the other elements throughout the statutory period

Question 7

Mannillo v. Gorski

Answer 7

Mannillo - lived next to D
Gorski- built steps and sidewalk that encroached onto P’s land.

Hostile:
- Objective Test (CT) - all you need is that someone objectively can look at the property and see that someone is there under a claim of right

• Maine (intent) - court rejected this
• adverse possessor must demonstrate the intent to adverse possess

Open and Notorious:
- court held that Mannillo’s were not put on notice bc the encroachment was so small.
Need actual knowledge if there is a minor encroachment

Question 8

Howard v. Kunto

Answer 8

Howard: got correct deed - tried to kick out Kunto
Kunto - lived next to P in summer home

Continuous:
Tacking
- tacking is permitted if the successive occupants are in privity

Court held that the Kuntos only being there in the summer satisfied the continuous requirement because the nature of the home was a summer home.

Question 9

Walling v. Pryzbylo

Answer 9

Similar to Mannillo

Rule: an adverse possessor’s actual knowledge of the true owner is not fatal to an adverse possession claim

• all that matters is the objective test