Ch 16: Adverse Possession

Question 1

Adverse Possession

Answer 1

allows a person in unlawful possession to acquire good title to a piece of property

(until the person acquires good title, the person is a trespasser)

Question 2

When a person acquires title by adverse possession, the new title relates back to?

Answer 2

to the date of the persons entry onto the property

(there is no transfer of title from the former owner)

Question 3

Property owned by __________ cannot be adversely possessed

Answer 3

government

Question 4

4 elements of adverse possession

Answer 4

1. Continuous for the statutory period
2. Open and notorious
3. Hostile; and
4. Exclusive

Question 5

What are the 3 phases under the continuous element of adverse possession

Answer 5

• Entry phase: when the adverse possessor enters the land
• End phase; when the statute of limitations runs out of time and the adverse possessor is the legal owner now
• Middle phase: when the adverse possessor makes use of the property between the entry and end phase

Question 6

Continuous use of the property just has to be?

Answer 6

consistent with the type of property being possessed (ex. vacation home, farm, etc)

Question 7

Tacking

Answer 7

if the adverse possessor cannot satisfy the continuity requirement on her own, she can tack on her predecessor’s time on the property to satisfy the statute of limitations

Question 8

The statue of limitations will not run against a true owner who has a ?

Answer 8

has a disability at the time the adverse possession begins

Question 9

A true owner can interrupt the adverse possession period by ?

Answer 9

ejecting the adverse possessor

Question 10

Open and Notorious requirement for AP

Answer 10

• an adverse possessors use must be open and notorious
• use must be such that it would put a reasonable true owner on notice of the adverse use (it cannot be hidden)

Question 11

Hostile requirement requirement for AP

Answer 11

Possession must be adverse to the owners interest; it is a claim of competing title

Question 12

What are the majority and minority (good and bad faith) rules for hostile requirement of AP

Answer 12

• Majority rule (ignores the adverse possessors state of mind)
• Minority rule (inquires into the adverse possessors state of mind)
  Under minority rule:
• good faith: adverse possessors claim is hostile if she thinks the land is unowned or that she is the rightful owner; based on mistake
• bad faith: it is not hostile if the adverse possessor knows the land is not hers and tries to acquire title to the property by adverse possession

Question 13

An adverse possessor cannot share ______ with the true owner

Answer 13

possession

Question 14

Adverse possession generally traces the legal boundaries of the property, but whats the exception?

Answer 14

Constructive adverse possession
- adverse possessor enters under color of title from an invalid instrument and occupies a portion of the property - the adverse possessor is in actual possession of the occupied land and constructive possession of the remaining land described in the deed

Question 15

_______ can also be acquired by adverse possession

Answer 15

Easements