1. General Rule
a. The party that wishes to assert adverse possession despite not having true title must:
i. Make an actual entry giving the adverse possessor exclusive possession that is:
1. open and notorious;
2. adverse and under a claim of right; and
3. the adverse possession must be continuous for the statutory period.
a. Usual requirement for exclusive possession is cultivation and a claim of title.
i. Some requirements require substantial enclosure (Van Valkenburgh)
ii. Paying taxes may = adverse possession
b. State of mind of the person asserting adverse possession is not relevant.
c. Open and notorious must be a big encroachment or known to the person who has title.
i. Open and Notorious meets the reasonable notice requirement
Adverse must equal hostile, hostile must equal adverse to true title.
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