Section #2 Owning Real Property Flashcards

1
Q

Real property:

A

Right in land, and things attached to land.

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2
Q

Personal property:

A

Right in moveable items (chattels)

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3
Q

Elements of Adverse Possession

A

HELUVA: Hostile, exclusive, lasting, uninterrupted, visible (open and not), actual

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4
Q

Van Valkenburgh Case

A

Owned parcels of land, and began tending to a third parcel behind them. Competing family bought the parcel, and they sued for Adverse possession. They didn’t meet elements

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5
Q

Visible: open and notorious element

A

Adverse possessor was visible and open about using the land in that the real owner would notice

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6
Q

Actual element in AP

A

Must use the land in a manner a reasonable owner would.

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7
Q

Hostile element AP

A

Adverse and hostile: being on the property without the right to be there

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8
Q

Exclusive element AP

A

Not sharing with the public or real owner (no trespassing signs)

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9
Q

Lasting element AP

A

SOL time period

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10
Q

Uninterrupted element AP

A

Continuous use like an ordinary owner would (summer homes)

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