Adverse Possession Flashcards Preview

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Flashcards in Adverse Possession Deck (15)
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1
Q

adverse possession

A

landowner is barred from bringing an ejectment action against a trespasser of her land if a legal action is not taken within a statutorily specified number of years
- cannot run against a true owner under legal disability when the adverse possession begins

2
Q

ejectment

A

legal action to remove a trespasser

3
Q

statute of limitations period

A

the number of years an adverse possessor must use the property in order to gain possession of it

4
Q

color of title

A

claim founded on a written instrument, judgment, or decree that is defective and invalid
- the claimant must not be aware that the title is invalid!

5
Q

rationales of adverse possession

A
  • punishes true owners who sit on their rights for too long
  • rewards the person who uses, works on, or improves the property for a long time
  • can serve as evidence (e.g. lost grants, oversights, etc.)
  • facilitates efficient transfer of property
  • preserves the status quo
6
Q

elements of adverse possession

A
actual 
open and notorious 
exclusive 
hostile/adverse 
continuous
7
Q

tacking

A

adding the time the first possessor used the property to the time the second possessor used the property

8
Q

privity

A

relationship necessary for tacking to be permitted

- occurs via contract of sale, gift, will, or intestate succession

9
Q

open and notorious

A

adverse possessor occupies the property in a way that constitutes reasonable notice to the owner that she is claiming dominion

10
Q

hostile/adverse

A

trespasser possesses the property without the owner’s consent

11
Q

objective test of hostile possession

A

Do the trespasser’s actions look like claims of ownership to the community?
- Does not matter if the trespasser actually is claiming a right to title.

12
Q

subjective test of hostile possession

A

Does the trespasser believe in good faith that she has title?

13
Q

squatter

A

person who occupies another person’s land knowing that he does not hold title

14
Q

is a squatter an adverse possessor?

A

NO

15
Q

mistaken belief

A

if a possessor mistakenly believes that she has title, but if she knew the truth she would not claim title, the possessor is not an adverse possessor