Adverse Possession

Question 1

What are the elements of Adverse Possession?

Answer 1

1. Actual Possession – as a normal owner would possess
2. Open and Notorious – Visible to others
3. Exclusive – Can invite guests as a normal owner would
4. Adverse/Hostile (You can defeat AP by just giving permission!)
5. Continuous
6. For a statutory period

Question 2

What extra elements to some states have for Adverse Possession?

Answer 2

1. Intent/AP’s state of mind
2. Color of Title (AP must be acting under deed that was flawed or erroneous)

Question 3

What doctrines/tests do states apply (or not) to an AP’s state of mind/intent?

Answer 3

1. Objective (State of mind doesn’t matter, all that matters is possession)
2. Claim of Right (Does possessor acts as a normal owner would?)
3. Intentional Dispossession (Does the AP KNOW the land is not theirs? If so, they lose)
4. Good Faith (If AP acts in good faith that they have right to land, they win)

Question 4

What doctrine allows an AP to gain an entire parcel instead of just the section adversely possessed?

Answer 4

Color of Title

Question 5

What is the best defense against getting adversely possessed?

Answer 5

Giving permission!

Question 6

What are the legal moves for resolving an AP claim?

Answer 6

1. Quiet Title - enables AP to gain possession, adversely
2. Suit for Ejectment - enables true owner to eject AP owner from use of property