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Adverse Possession
by operation of law
- 1) Actual Entry (trespass) (actual owner test)
- 2) Exclusive Possession
- 3) Open & Notorious (could/should true owner know)
- 4) Adverse- Hostile/no permission
- 5) Claim of right/title- Know prop. yours?
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5) Claim of Title
a) Objective- doesnt matter. Conn. CA
b)Subj. Good Faith- Mistaken Trespass.
c) Subj. Bad Faith- knowingly trespass, intend to take. Maine
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NJ Adverse Possession
Minor encroachment along common boundary P must show owner had actual knowledge of trespass
If good faith= & removal of encroachment = great expense/impractical, then true owner must sell the encroached land to the possessor.
If bad faith=remove at AP expense
Mannillo
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Innocent Trespass AP (Modern)
Compensate O for property
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Knowingly Trespass (Modern, NJ)
Remove improvements at AP expense
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Ordinarily be Used Rule (AP)
Does not need continuous if that's ordinary use (summer away/home)
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Tacking
Can take if in privity (reasonable connection. Purchase, inheritance, legal judgment.)
No doc required. Howard v Kunto
Owners always tacked, new owner does not mean new tacking
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Interrupted Possession
Can tack, before and after, if interrupted, unless by owner
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Color of Title
Not actual title, but color of title.
Constructive possession over land in color of title
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Constructive Possession
Color of title gives possession over all.
No adverse possession through color of title unless there was actual entry against owner of the land .
Owner gets possession over all land not used by AP if occupy some of it
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Adverse Possession against Government
No AP against Gov. Punishes public
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