FINAL Property Review - Property Review O to A, Then to A's...

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Property Review O to A, Then to A’s 1 st grandchild and heirs A= 6 children, no grandchildren. A= life estate Grandchildren= contingent- not ascertained O=reversion FI= 1 st grandchild Open= yes Close= 1 st grandchild has to survive life in being Lives A + O Vulnerable Interest ADVERSE POSSESSION With or without color of title? With Color of title (Fl. St. 95.16) ANOCHE o A dverse- Ouster A fiduciary must oust co-owner’s before possession becomes adverse o N otorious- latent encroachment 1) If encroachment is hidden/ latent 2) Owner has to have actual notice 3) Intention may be important (Maine/comm. Doctrine; Gorski) o O pen – Substantial enclosure/ cultivated o C ontinuous- tacking o Privity o Time Abandon-new start/interrupt-tolled Use property as owner would (Kunto) o Disability A minor, mind, imprisoned. Has to exist at time of entry Owner gets longest of two Kills can’t tack parents o Future Interest Entry against O usurps rem. Entry against life, tolls,
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FINAL Property Review - Property Review O to A, Then to A's...

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