Adverse possession
1. Rule: for possession to ripen into title, four requirements: possession must be continuous (uninterrupted for
statutory period), open and notorious, actual, and hostile (COAH); no claim of right required; owner does not have to know; possessor’s
subjective state of mind irrelevant; no adverse possession against state land; titles acquired by adverse possession are not marketable
2.
Constructive adverse possession: if one goes onto property under color of title and only possess a portion of the whole, constructive
adverse poss. can give title to all: amount possessed must bear reasonable relation to the whole and the property must be unitary
3.
Adverse possession against concurrent owners: can only occur when possessor excludes cotenants from possession and statute runs; exclusion
starts the clock, not absence of the other cotenant
4. Future interest rules: life estate: clock runs at death of life tenant; fee simple
determinable, clock runs at happening of stated condition; fee simple subject to condition subsequent, clock runs when grantor exercises
right of reentry
5. Tacking: one adverse possessor may tack on to his time with the land his predecessor’s time so long as there is
privity which is satisfied by any non-hostile nexus such as blood, contract, deed, or will; tacking not allowed when there has been
ouster; periods of possession must pass directly, no gaps
6. Disability: statute of l imitations will not run against a true owner who
is afflicted by a disability (insanity, infancy, imprisonment) at the inception of the adverse possession
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