Adverse Possession - NCA Property Law PDF

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NCA Property Law...

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Adverse Possession: Possession for a statutorily prescribed period, can if certain elements, ripen into a title. e.g. Squatters e.g. Mistaken lots You bought a lot outright. Years later, you realize you’re on the wrong lot! Could a claim on Adverse Possession on your behalf reside? Remember to satisfy the below elements: COAH 1) Continuous – For possession to ripen into title, it must be continuous. Meaning uninterrupted for the statutory period. 2) It must be open and notorious. Meaning the sort of possession, the usual owner would make under the given circumstances. 3) Actual: The entry must be actual to get the relevant statute of limitations going and it has to be exclusive occupation. Meaning the Adverse possessor is not sharing the BA with its rightful owner. 4) Hostile: The possessor doesn’t have the rightful owner’s permission to be there. Permission defeats hostility. Some important concepts on AP: Tacking: One Adverse possessor to satisfy the relevant Statute of limitations may tack on to her time with the land her predecessors time, so long as there is privity. Privity is satisfied by any non-hostile nexus between possessors. Born out of a contractual relationship, a familial relationship. Tacking is not allowed when there has been an ouster: Ouster defeats privity. Suppose that in a jurisdiction with 20 years SOL in 1990, O owns a BA. That year A enters adversely, and she stays in the land until 2000. In 2000 Mr X appears and very gruffly and menacingly says to A, “Move it or lose it”. A is scared, she leaves. In 2010 – who owns BA – The answer is O. Ouster defeats privity, as Mr.X is not allowed to tack on to his 10 years with BA his predecessor A’s 10 years with BA. Disabilities: The Statue of Limitations won’t run against the true owner afflicted by a disability at the start of the Adverse possession. Disabilities should be the ones prescribed the statutes: Infancy, legal insanity, imprisonment.

They protect the rightful owner so afflicted by disability only to the extent that the rightful owner was suffering from it at the start of the Adverse possession....