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20 Cards in this Set
- Front
- Back
What is the definition of adverse possession?
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Means of acquiring title to real or personal property by one who isnot the legal owner, but who takes and maintains possession for the statutory period during which time the real owner does nothing to prevent the running of the statute.
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What is the policy behind the law of adverse possession?
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The law does not want original title holder resting on their rights.
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Ejectment
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a property owner's cause of action against a wrongful possessor
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Title Ripens
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When the limitations period endsd and the adverse possessor gains good title
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Constructive Adverse Possession
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Where one claims the entire tract subject to an instrument describing the land (color of title), but only actually occupies a portion of it; the adverse possessor will gain title to the entire area described in the instrument
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If a constructive adverse possessor does not have color of title, can he or she gain possession?
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With no color of title, you can only gain adverse possession of what you actually, physically occupy
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Action to quiet title
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proceeding to declare the rightful owner of the property
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Cause of action accrues
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point at which the adverse possessor first enters
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possession under color of title
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possessing property under a written instrument purporting to give title to the property, but if it is invalid for some reason
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list the components of adverse possession
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1. open and notorious
2. continuous 3. exclusive 4. adverse 5. beyond statute of limitations period 6. actually in possession |
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Characteristics of Open and Notorious
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Owner must be reasonably expected to know that another person has entered the property and is asserting a claim to it
test is met if the adverse possessor's use of the property is similar to that which a typical owner of similar property would make of it |
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Continuous
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Abandonment - possession ends; if he returns the statutory period starts all over again
Seasonal possession will be deemed continuous if the property is such that seasonal use is all that most owners of that type of property would make of it. |
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Exclusive
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Can't be sharing control of the property with the true owner and it must not be generally available to the public
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Adverse/Hostile
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must be inconsistent with the true owner's rights without the owner's consent
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statute of limitations period - Common Law
(state laws vary) |
20/21 years for real property
10 additional years for disabilities 4 yeasrs for personal property |
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Tacking
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Adding together of periods of possession to meet the limitations period requirement
Allowed only with privity of estate |
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Tolling
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Certain disabilities stop the running of the statute.
Disability must be present at the time the cause of action accrues. Two Disabilities - longest applies |
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tyes of disability
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1. infancy
2. insanity 3. imprisonment |
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How long does the period last after the disability is removed
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an additional ten years
Always use the longest period (either removal of the disability plus ten years or the entire statutory period) |
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Does adverse possession run against the owner of a future interest whose interest is in existence at the time the cause of action accrues
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Does not run; however, if the future interest is created AFTER the possession has begun, the statutory period continues to run
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