1 of 25

Slide Notes

DownloadGo Live

Adverse Possession

Published on Aug 11, 2017

No Description

View Outline

MORE DECKS TO EXPLORE

PRESENTATION OUTLINE

1.

Adverse Possession

Photo by marfis75
2.

Untitled Slide

3.

Untitled Slide

4.

Untitled Slide

5.

Origins

  • "Lost Grant Fiction"
  • Promotes efficient use
  • Maintain the status quo
Photo by Balthus Van Tassel
6.

EASEMENT BY PRESCRIPTION

NONPOSSESSORY
Photo by noahg.
7.

Typical Ways to Take Title

  • Deed
  • Will
  • Escheat
  • Adverse Possession
Photo by Stuck in Customs
8.

Elements of Adverse Possession

  • Open
  • Notorious
  • Exclusive
  • Hostile
  • Continuous
Photo by docoverachiever
9.

Exceptions

  • Minors
  • Insane persons
  • Serious disability
Photo by Jackie.lck
10.

STATE OF MIND

  • Honest belief that claimant owned property
  • Objective basis
  • Reasonable under the circumstances
Photo by Leo Reynolds
11.

Open

"keep his flag flying, and present a hostile front to all adverse pretensions."
Photo by Stuck in Customs
12.

Notorious

"so notorious that the owner may be presumed to have knowledge that the occupancy is adverse"
Photo by nosha
13.

TYPICAL USE OF LAND

Photo by m01229
14.

NOT Open & Notorious

  • Occasional hiking, fence repair, blaze line
  • Planting trees in area that already has shrubs and trees
Photo by Hammonton Photography
15.

Exclusive

proof of occupancy by the claimant that is characteristic of exclusive ownership
Photo by A Guy Taking Pictures
16.

NOT Exclusive

  • Cattle breaking fences and roaming on adjacent property
Photo by orangeaurochs
17.

Hostile

intent to claim exclusive title and to deny title in anyone else
Photo by adam_moralee
18.

NOT Hostile

  • conversations with the owner about trading the property
  • rejecting offer to purchase the property being possessed rather than asserting title to it
Photo by Georgia Wildlife Resources Division
19.

Continuous

The period begins when all the required elements occur at the same time
Photo by MaxC.
20.

Continuous

  • 10 years
  • If interrupted, must start over
  • Does not require actual possession every single day
Photo by photosteve101
21.

"Tacking"

Photo by Dave_B_
22.

Untitled Slide

23.

Establishing Title

Suit to "Quiet Title"
Photo by seychelles88
24.

Challenging the Adverse Possessor

  • Suit to quiet title
  • Trespass
  • Ejectment
  • Declaratory judgment
Photo by mangpages
25.

Tips

  • Physically stop the adverse use
  • Grant permission
  • Use the court system
Photo by Mick Thompson1

Kevin Harker

Haiku Deck Pro User
http://www.calaw.attorney