ConversionReplevin return of property j Real property i Trespass compensation

Conversionreplevin return of property j real property

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Conversion/Replevin = return of property j. Real property i. Trespass = compensation ii. Ejectment = return of property ACQUISITION BY ADVERSE POSSESSION I.Generally a. Dfn: method of acquiring title to real property by possession for a statutory period under certain conditions, especially a nonpermissive use of the land with a claim of right when that use is continuous, exclusive, hostile, open and notorious i. Adverse possession law is combo of statutory and judicial b. If within the number of years specified by SOL, owner of land does not take legal action to eject a possessor who claims adversely to owner, owner is thereafter barred from bringing an action in ejectment i. Once owner is barred from suing in ejectment, adverse possessor has title to the land 1. Bar’s owner’s claim to possession 2. Extinguishes owner’s old title 3. Creates new title by operation of law in the adverse possessor
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a. Title acquired by adverse possession can’t be recorded in the courthouse, the adverse possessor must file a quiet title action against former owner i. Decree of this lawsuit will be recorded and will declare that the adverse possessor has legal title c. Purpose of adverse possession i. Encourage use of land ii. Protect title 1. By protecting possession, able to prove ownership when title may be difficult to prove iii. Bar stale claims 1. Requires lawsuit to be brought when memories are fresh 2. Avoids confusion iv. Honors expectations 1. If in possession for a long period of time, expect rights to the land 2. Avoids self-help d. Relativity of Title i. Adverse possessor has right from all except true owner (before SOL runs) 1. May evict subsequent possessors 2. May transfer possession to another ii. True owner may retake possession at any time prior to the running of SOL II.Requirements of Adverse Possession e. Actual entry giving exclusive possession i. Take seisin of property 1. Actual a. On the land directly b. Must have actual entry on some part to take seisin and have actual entry 2. Triggers cause of action a. Starts SOL running 3. Exclusive Possession a. Cannot be shared with owner or the public i. Would not be open and notorious b/c owner may not realize adverse possessor was attempting ownership if owner still used it or if public used it too f. Open and Notorious Possession i. Adverse possessor must occupy property in an open, notorious and visible manner 1. Must be such that gives reasonable notice to owner that adverse possessor is claiming
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2. Acts that look like typical acts of an owner a. Acts from which the community would infer that the adverse possessor is claiming ownership 3. Acts must be appropriate to the condition, size, and locality of the land – what average person would do a. Commercial property i. Where adverse possessor of city lot that was valuable for sand and gravel, allowed people to take sand and gravel, sued those who took without permission in trespass, and paid taxes on land was sufficient for adverse possession (Ewing v. Burnet, B131, N52) 1. Not being there all the time is not bar
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