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?
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
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
Innocent Trespass AP (Modern)
Compensate O for property
Knowingly Trespass (Modern, NJ)
Remove improvements at AP expense
Ordinarily be Used Rule (AP)
Does not need continuous if that's ordinary use (summer away/home)
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
Can tack, before and after, if interrupted, unless by owner
Color of Title
Not actual title, but color of title.
Constructive possession over land in color of title
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
Adverse Possession against Government
No AP against Gov. Punishes public