Adverse Possession Flashcards
(3 cards)
Adverse Possession Elements (COAH)
Continuous
* Uninterrupted, as owner might use
* Can tack
Open & Notorious
* Apparent, to put owner on notice
Actual & exclusive
* An adverse possessor will gain title only to land they actually occupy. In some cases, however, actual possession of the entire parcel claimed is not necessary. If an adverse possessor enters under color of title (meaning by invalid deed), she is deemed to be in constructive possession of all the land that the deed describes, as long as she is in actual possession of a reasonable portion of that land.
* Exclusive possession means that the possessor is not sharing with the true owner or the public. Two or more people acting together could succeed in obtaining title by adverse possession; they would take title as tenants in common.
Hostile
* Without consent of owner
* State of mind is irrelevant
Taking (Adverse Possession)
Adverse possessor may tack on to predecessor’s time if there is privity
* Privity is satisfied by any non-hostile nexus
* Privity is absent if possessor ousts predecessor
Disabilities (Adverse Possession)
SOL will not run against true owner with a disability at inception of adverse possession
* Ex: insanity, infancy, imprisonment
