to convey to the deed is improperly executed a 9516 Adverse possession under

To convey to the deed is improperly executed a 9516

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to convey, to the deed is improperly executed) a. 95.16 Adverse possession under color of title i. When the occupant, or those under whom the occupant claims, entered into possession of real property under a claim of title exclusive of any other right, founding the claim on written instrument as being a conveyance of the property, or on a decree or judgment, and has for 7 years been in continued possession of the property included in the instrument, decree or judgment , the property is held adversely ii. In FL, under FS 95.16, “the claim (of adverse possession) requires proof that the party claiming the land by adverse possession under color of title has been in notorious, open, continuous and exclusive possession of the land for an uninterrupted period of 7 years” b. 95.18 Adverse possession without color of title
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i. When the occupant, or those under whom the occupant claims, have been in actual continued occupation of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, decree or judgment, the property actually occupied shall be held adversely if the person claiming adverse possession made a return of the property by proper legal description to the property appraiser of the county where it is located within 1 year after entering into possession and has subsequently paid all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality 4. Mannillo v. Gorski – (15” of encroachment, when D remodels home) a. ROL: i. Is where possession is clear and “immediately visible” the owner maybe presumed to have knowledge of adverse occupancy ii. No presumption of knowledge arises from a minor encroachment along a common boundary; only where the true owner has actual knowledge thereof may it be said that the possession is open and notorious iii. If the presumption doesn’t arise, then the possessor who is innocent and mistaken believes he has title and makes extensive improvement and cannot without great expense remove to eliminate the encroachment or it is impractical to move, the true owner may be forced to convey the land occupied upon payment, without regard to whether the true owner had notice at its inception 5. Howard v. Kunto – (each person is on the wrong property b/c of survey mistake) a. ROL: i. Tacking is permitted when (1) an adverse possessor claims more land than that described in the deed, and (2) when the successive occupants are in privity (Can be
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done without a deed because want to put land to good use) ii. Privity – refers to a succession of relationship to the same ting whether created by deed or other acts by operation of law (can be established by voluntary transfer, or the successive possession from one occupant to another occupant) 1. Policy for privity: the squatter should not be able to profit by his trespass v.
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  • Spring '07
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  • Adverse possession

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