Adverse Possession

Question 1

Adverse Possession

Answer 1

• Statute of Limitations in ejectment cut off the true owner’s right to recover possession in her land
• Once the statute of limitation runs, the true owner loses title to the property
• The issue is whether the person on the true owner’s land is either in trespass or obrained title by adverse possession

Question 2

Six Requirements for Adverse Possession

Answer 2

H-E-L-U-V-A

1. Hostile
2. Exclusive
3. Lasting
4. Uninterupted
5. Visible; and
6. Actual

Question 3

Hostile Requirement for Adverse Possession

Answer 3

X is on the land with no right to be there

Question 4

Exclusive Requirement for Adverse Possession

Answer 4

X must be excluding others from use of the property

Question 5

Lasting Requirement for Adverse Possession

Answer 5

• must last for statutory period
• common law period is 20 years

Question 6

Uninterupted Requirement for Adverse Possession

Answer 6

The kind of cuntinuous uninterupted use that an ordinary owner of the property would use

Question 7

Visible Requirement for Adverse Possession

Answer 7

Use of the possession is out in the open - “Open and Notirious”

Question 8

Actual Requirement for Adverse Possession

Answer 8

The adverse possessor must actually possess the land to obtain title - subject to 2 exceptions

Question 9

The 2 exceptions to actual possession element of adverse possession

Answer 9

1. Doctrine of Constructive Adverse Possession
2. Leased Land

Question 10

Doctrine of Constructive Adverse Possession Exception to actual possession for adverse possession

Answer 10

Expands the adverse possessors right to the land to the full extent of the title, subject to 2 limitations

1. the amount of land possessed must be reasonably related to the whole
2. the property must be unitary - a seemless whole

Question 11

Leased Land Exception to Actual Possession for Adverse Possession

Answer 11

Leasing land to a 3rd party constitutes possession for purposes of establishing adverse possession

Question 12

Adverse Possession Against Concurrent Owners

Answer 12

• No adverse possession against the co-tenant unless the co-tenant in possession excludes the other from possession and the statutory period runs
• The exclusion begins the clock to run

Question 13

Adverse Possession for Life Tenent and Remaindermen

Answer 13

The clock does not begin to run against the holder of a future interest until the interest becomes possessory

Question 14

Adverse Possession to Fee Simple Determinable and the Possibility of Reverter

Answer 14

The happening of the condition begins the clock running

Question 15

Adverse Possession: Fee Simple on Condition Subsequent and the Right of ReEntry

Answer 15

Clock doesn’t run till grantor decides to exercise his right to re-entry

Question 16

Tacking

Answer 16

• Adverse possessor can tack together successive periods of adverse possession to satisfy the statutory period
• Successive periods of true ownership can be tacked
• There mustbe no gaps

Question 17

Disabilities Rule to Adverse Possession

Answer 17

• If the true owner is suffering from a disability at the time period the adverse possession begins, the clock for adverse possession will not begin to run until the true owner is free of the disability.
• If the disability was not in existence at the time the disability began, then the clock will not be stopped
• No tacking of disabilities

Question 18

Types of Disabilities for True Owner

Answer 18

1. Infancy
2. Incarceration
3. Insantity

3 “I”s

Question 19

Government Land and Adverse Possession

Answer 19

Cannot adversely possess government land

Question 20

Marketability of Title Aquired by Adverse Possession

Answer 20

Title acquired by adverse possession is not marketable until there is an action brought to quiet the title