Adverse Possession

Question 1

Adverse Possession

Answer 1

Possession for a statutorily prescribed period of time can, if certain elements are met (COAH), ripen into title to real property:

1. Continuous possession
   -Uninterrupted over course of time based on the usual occupation period that the rightful owner would make
2. Open and notorious possession
   -Sufficiently visible to put the true owner on notice of the trespass
3. Actual and exclusive possession
   -Literal occupation exclusive of the true owner
   -Possession of entire parcel not necessary
   -“Color of title” = constitutes constructive possession of all land described in invalid deed
4. Hostile possession
   -Without the owner’s permission
   -The possessor’s state of mind is irrelevant
   -Must oust co-owner
   -Holdover tenant presumed to have permission

*PAYMENT OF PROPERTY TAXES NOT REQUIRED, but good evidence of claim

Question 2

Tacking

Answer 2

One adverse possessor may combine his time with his predecessor’s time so long as there is privity (broadly construed as non-hostile relationship)
-Ouster defeats privity = no tacking

Question 3

Disabilities

Answer 3

Statutory period will not run against a TRUE OWNER who is disabled at the INCEPTION of the adverse possession

Question 4

Adverse possession and future interests

Answer 4

Right of reentry: grantor must assert right after event transpires
-Statutory period does not start until right is asserted

Possibility of reverter: event automatically entitles owner to possession
-Triggers start of statutory period

Question 5

Adverse possession and restrictive covenant

Answer 5

An adverse possessor who uses land in violation of a restrictive covenant for the statutory period takes the land free of the restriction
-But if it complies with covenant, they take the title subjection to the restriction