Title - Adverse Possession

Question 1

adverse possession

Answer 1

possession for a certain period (if elements met) can turn into title to real property

Upshot: if owner does not take action to eject possessor, title vests in possessor

Question 2

elements

Answer 2

COAH
1. continuous (adverse claimaint’s possession has to be continuous throughout the statutory period; constant use by claimaint is not required; there need not be continuous possession by same person (tacking))
2. open and notorious (adverse possessor’s occupation must be sufficiently apparent to put true owner on notice that tresspass is occurring)
3. actual and exclusive (an adverse possessor will gain title only to land they actually occupy; if adverse possessor enters under color of title/invalid deed, she is in constructive possession of all the land that the deed describes, AS LONG AS she possess a reasonable portion)
4. hostile (without owner’s consent – possessor’s state of mind is not relevant)

Question 3

tacking

Answer 3

adverse possessors can tack together successive periods of adverse possession to meet the statutory period (even if successive possession was by different adverse possessors)

• must be successive
• privity – requires privity between successive adverse holders (satisfied if subsequent possessor takes by descent, devise, or by deed purporting to convey title); no privity when adverse possessor acquires possession by ousting his predecessor

Question 4

disabilities

Answer 4

• statute of limitations WILL NOT RUN against a true owner who is afflicted by a disability AT THE INCEPTION of the adverse possession

Question 5

adverse possession and future interests

Answer 5

For adverse possession purposes, statutory period DOES NOT RUN against holder of a future interest until it has become possessory

Question 6

quiet title

Answer 6

if someone acquires title by adverse possession, that title is not marketable until a judicial action is taken to quiet title