ADVERSE SUMMED UP - Adverse is used for Preventing frivolous claim o Has a special SOL Correcting title defects o Technical mistakes Encouraging

ADVERSE SUMMED UP - Adverse is used for Preventing...

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Adverse is used for Preventing frivolous claim o Has a special SOL Correcting title defects o Technical mistakes Encouraging development o Encourage economic development Protecting personhood o Something you have enjoyed and used as your own for a long time Elements of Adverse Possession Actual possession: claimant must use land the same way a reasonable owner would given its character, nature and location Exclusive possession: possession cannot be shared with owner or with the public Open and notorious possession: claimant possession must be visible and obvious; if owner made reasonable inspection he would be aware of adverse claim Adverse and hostile: good faith/ bad faith/ claim of right o 3 approaches: o Majority view - objective test Claimant uses the land as a reasonable owner would, without permission from the true owner Claimant’s state of mind is not relevant o Minority view – good faith test
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  • Fall '08
  • lew
  • Adverse possession, Statutory Period

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