Prop 4

  1. 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?
  2. 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
  3. 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

  4. Innocent Trespass AP (Modern)
    Compensate O for property
  5. Knowingly Trespass (Modern, NJ)
    Remove improvements at AP expense
  6. Ordinarily be Used Rule (AP)
    Does not need continuous if that's ordinary use (summer away/home)
  7. 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
  8. Interrupted Possession
    Can tack, before and after, if interrupted, unless by owner
  9. Color of Title
    Not actual title, but color of title.

    Constructive possession over land in color of title
  10. 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
  11. Adverse Possession against Government
    No AP against Gov. Punishes public
Card Set
Prop 4
Prop 4