Adverse possession Flashcards
What is adverse possession?
Adverse possession allows a trespasser in unlawful possession of land owned by another to acquire title to that land.
What are the elements of adverse possession?
Possession must be
1) Continuous for the statutory period;
2) Open and Notorious;
3) Exclusive; and
4) Hostile.
Does seasonal or infrequent use constitute “continuous use for the statutory period.”
Seasonal or infrequent use will suffice if the use is consistent with the type of property being possessed.
What is tacking as it pertains to continuous use for the statutory period?
An adverse possessor can tack on the time of possession of a prior adverse possessor to meet the statutory period requirement if the adverse possessors are in privity with one another.
How does a property owner’s disability affect the statutory period of adverse possession?
The statutory period will not run against a true owner who had a disability (e.g., insanity, imprisonment, etc) at the time the adverse possession begun.
What is open and notorious use?
The adverse possessor must use the property as if they were a true owner (and use cant be hidden).
What does exclusive use mean?
The adverse possessor cannot share possession of the property with the true owner.
What does hostile mean?
The adverse possessor cannot have the true owner’s consent to possess or use the property.
