Real Property - Adverse Possession

Card Set Information

Author:
richardlpeterson
ID:
127843
Filename:
Real Property - Adverse Possession
Updated:
2012-01-14 18:51:05
Tags:
barbri VA
Folders:

Description:
Real Property - Adverse Possession
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  1. Basic concept
    possession for a statutorily prescribed period of time can, if certain elements are met ripen into title
  2. Elements (COAH)
    • For possession to ripen into title it must be:
    • Continuous: uninterrupted for the statutory period (VA = 15 years)
    • Open and Notorious: sort of possession usual owner would make
    • Actual: entry must be literal
    • Hostile: does not have true owner's consent
    • POSSESSOR'S SUBJECTIVE STATE OF MIND IS IRRELEVANT
  3. Tacking
    • One adverse possessor may tack on to his time with the land his predecessor's time, so long as there is privity, which is satisfied by any nonhostile nexus, such as blood, contract, deed, will
    • Tacking is NOT allowed when there has been an ouster
  4. Disabilities
    • SOL will not run against a true owner who is afflicted by a disability at the start of the adverse possession
    • Common disabilities include insanity, infancy, imprisonment

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