Flashcards in Subsequent Possession Deck (24):
person holding property in trust for another
the delivery of property to be held in trust and which is designated for a particular purpose, following the satisfaction of which the property is either to be returned or disposed of as specific.
Elements of Adverse Possession (4)
1. Continuous during the statutory period
2. Open and Notorious
3. Actual entry
4. Hostile possession
A cause of action will not accrue until the injured party discovers or by exercise of reasonable diligence should have discovered facts which form the basis of a cause of action. DOES NOT APPLY TO REAL PROPERTY.
one adverse possessor may tack on his predecessor's time as long as there is privity. Not allowed if there was an ouster
met by an non-hostile nexus, deed, will, inheritance.
if AP has come onto the land by force then they cannot tack time, Law does not want AP to benefit from wrongful taking.
Two steps of Conveyance
1. Land Sale Contract
2. Closing - the deed becomes the operative document
Land Sale Contract
1. SoF. Must be in writing
secures people in their own possession. Shows ownership. A right by virtue of possession.
rightful owner can't find it
forgotten in a place where rightful owner would know to get it. Owner of premise is entitled to possession except the rightful owner
True owner voluntarily relinquished ownership in title and possession. Finder has priority.
Claim of title
AP's hostile claim
Color of title
written claim on land that is now defective
Maine Adverse Possession Rule
intent to occupy the land must be absolute and hostile
Connecticut Adverse Possession Rule
if you are on someone's land and don't know it should still count
Statute of limitation will not run against a true owner who is under a disability.
1. disability must exist at the beginning of adverse possession
2. do not tack
Acquisition by Gift Requirements
2. Delivery - constructive or symbolic
handing over a key or object that gives access to gift
giving something (usually written) declaring a gift
Gift Inter Vivos
a gift between living persons
Gift Causa Mortis & Requirements
gift made on account of donor's impending death
1. Intent (can be inferred)
4. If donor lives, gift can be revoked