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an interference or intrusion onto another’s property
What is an Improvement?
is a structure or something that is built entirely on someone else's land
Betterments Statutes (Modern law)
- if you have built your house on the wrong lot, the landowner has the choice to:
- (1) pay for the improvement OR
- (2) sell the land
What are the (2) types of Encroachments?
- 1) Innocent: Court will weigh
- the relative hardship each party would suffer if court ordered REMOVAL of
- encroachment AGAINST the relative hardship each party would suffer if court allowed the encroachment to REMAIN
: Court will order that it be removed, regardless of how much removal will cost
What happens to Improvements made under Common Law?
Any improvements made to someone else’s land belong to the person who owns the land.
Possession of the tenant is deemed the possession of the landlord for how long?
- 1) Until 20 years AFTER the lease terminates; or
- 2) if the lease was not in writing, 20 years AFTER the last rent payment
NC Rule 1-43 pertains to?
Adverse possession against landlord and tenant
To start the SOL in an adverse possession claim against the landlord, a tenant must do what (2) things?
- (1) repudiate the tenancy and
- (2) stop paying rent
The GR of adverse possession against a landlord and tenant applies in what (2) situations?
- 1) When a tenant asserts a claim of
- adverse possession against the landlord; and
- 2) The adverse possessor rents property owned by someone else to a tenant.
What is the General Rule of adverse possession against landlord and tenant?
Possession of a tenant is possession of the landlord
Tenants in Common is created how?
When 2 or more people (who are not husband and wife), own land in common
Lappage occurs when there are:
Two deeds with
Two different people
That describe the same property
What are the (3) Rules of Lappage?
1. If no one is in actual possession of any part of the lappage, possession of the lappage goes to the one w/ superior title (1st in time or better title)
2) If one is on the lappage (actual poss.) and the other is not, possession of the lappage goes to the one in actual possession
- 3) If both are in actual possession of some part of the lappage, the superior title holder gets all the land the junior title holder is not
What are the (2) consequences of Color of Title?
- 1) color of title shortens the applicable statute of limitations; and
- 2) Gives rise to the doctrine of constructive possession
What is Color of Title?
A written instrument that purports to convey title, but for some reason fails to do so.
What are the (5) Elements of Constructive
- 1) Must have COT;
- 2)Must have actual
- possession of some part of the land described in the instrument;
- 3) A single tract of land;
- 4) Single ownership; and
- 5) No actual possession by another
What is Adverse Possession?
An unconventional means of acquiring title to land which occurs when a person occupies and possesses another’s land under claim of right or color of title for a period of time set by the applicable statute of limitations.
What the common law elements of Adverse Possession?
- 1) Actual possession
- 2) Hostile and under claim of right
- 3) Exclusive
- 4) Open and notorious
- 5) Continuous and uninterrupted
What does Actual possession requires?
Real, physical possession of the land
How is Actual Possession satisfied?
When AP is "making such use of the land as it character and location permits"
What does Hostile & Under Claim of Right requires?
The adverse possessor to occupy and use land as his own and not by virtue of permission from true owner
What are the (2) approaches of the Hostile requirement?
- 1) Objective approach> requires adverse possessor to occupy and use land as if his own and without the true owner's permission (looks to adverse possessor's "outward manifestations"); and
- 2) Subjective approach> requires adverse possessor to possess land with a particular state of mind (looks to adverse possessor's state of mind)
What (2) things must the adverse possessor show under the Objective approach?
- 1) he was in possession of the
- property without permission of the true owner; and
- 2) he acted as if he owned the
What are the (2) Subjective (2) jurisdiction approaches?
- 1) Larcenous Intent> the adverse possessor required to show he KNEW and INTENDED to take land; or
- 2) Good Faith Intent> adverse possessor required to show he believed/thought he owned land (mistaken belief)
What does Exclusive require?
The adverse possessor must prove that no one, especially the true owner, interfered with his possession without his permission or consent
What does Open and Notorious require?
- The adverse possessor must prove that his possession was visible to the public and anyone else who might be interested in the land, especially the true owner
- ACTUAL notice not necessary; CONSTRUCTIVE notice is ok
What does Continuous & Uninterrupted require?
- The adverse possessor must show that, during the period set by the applicable statute of limitations,
- his possession was regular and consistent with the character and location of the land
Which approach does NC follow regarding the Hostile requirement?
The Objective approach
Which view is the minority approach regarding the Hostile requirement?
The Subjective approach
What is tacking?
The legal principle through which adverse possessors in privity with prior adverse possessors can add together their successive periods of adverse possession to satisfy the applicable statutes of limitations.
When are the (4) situations in which privity exists?
- Privity exists when:
- 1) Grantor/grantee relationship (someone is voluntarily transferring their interest to another);
- 2) Devisor/devisee relationship (by will) between the Prior Possessor and the Subsequent Possessor;
- 3) Ancestor/Heir relationship between a Prior Possessor and Subsequent Possessor (when someone dies without a will/intestate); and
- 4) There was any other kind of agreement, either oral or written,
- under which the Prior Possessor intended to transfer either title or possession
- to the Subsequent Possessor.
What is the EXCEPTION to privity? (when privity does not apply)
any transfer of possession that’s NOT voluntary *if NO PRIVITY, NO TACKING
How long must you adversely possess real property in order to acquire title by adverse possession against the State 1) with color of title? 2) without color of title?
- 1) 21 years with color of title
- 2) 30 years with color of title
How long must you adversely possess real property in order to acquire title by adverse possession against an individual 1) with color of title? 2) without color of title?
- 1) 7 years with color of title
- 2) 20 years without color of title
How long after the removal of the disability does a person have to quiet title in NC?
3 years from removal of the disability or the statutory period (whichever is longer)
What is NC Statute 1-19?
- -When two or more disabilities coexist at the time the right of action accrues, or
- -when one disability supervenes an existing one,
- the limitation does not attach until they all are removed.