Real Property Flashcards
Real Property
Rights in land and things attached to land
Adverse Possession
Process whereby someone can sit down on land another legally owns and stay long enough to legally own it
Adverse Possession Elements
- Real possession
- Exclusive possession
- Open and notorious possession
- Adverse and hostile possession
- Continuous possession
- For the statutory period
What kind of interest does prevailing adverse possessor get?
Only whatever interest true owner had
Real possession
Claimant must physically use the land the way a reasonable owner would in the circumstances (depends upon the nature and location of the property)
Exclusive possession
Only being used during this period by claimant, no others
Open and notorious possession
- Must be obvious and visible to people, not hidden
- Standard = owner would be made aware of adverse claim if she made reasonable inspection
Adverse and hostile possession
Claimant’s state of mind toward property or actual owner
Minimum requirement for adverse and hostile possession
Does not have owner’s consent for possession (if does = fails this element)
Adverse and hostile possession - OBJECTIVE STANDARD
(1) Connecticut rule
(2) majority rule
(3) state of mind is irrelevant
Adverse and hostile possession - BAD FAITH STANDARD
(1) Maine rule
(2) claimant must intend to adversely possess the land = bad faith knowledge that she is not the owner and intent to take title from the owner
Adverse and hostile possession - GOOD FAITH STANDARD
(1) Colorado/Oregon/NY rule
(2) claimant believes in good faith that she is the owner of the land
Adverse and hostile possession standards
- Objective
- Bad faith
- Good faith
Continuous possession
- Used as continuously as real owner would use
- Used in the nature that the property characteristics admit
Tacking
Allows adverse possessor of two or more successive periods to add total time possessed together
When is tacking allowed?
Only allowed if successive occupants are in privity
Privity
Judicial recognition of need for some reasonable connection between successive occupants
Effect of LO disability (in adverse possession)
Extends statutory period because owner could not have reasonably inspected/policed land
Limitations on disability (adverse possession)
- Disability must exist on date adverse possession began
- No tacking
- Death of property owner ends all disabilities
Removal of disability - MAJORITY
- Once disability is removed, owner has statutory time to vindicate her interests
- Notice on [statutory limit] after removal
Removal of disability - MINORITY
- Day-for-day tolling
- Once disability is removed, adverse possession period starts over
- Notice on day disability is removed
Common disability examples
- Imprisonment
- Minority
- Lack of mental capacity
Other disability examples
- Military services overseas
2. Owner lives outside of state
Adverse Possession Policy Justifications
- Preventing frivolous claims
- Correcting title defects and surveying errors
- Encouraging development of land
- Protecting an investment in personhood in the land
