美国财产法property-adverse possession.docxVIP

Chapter2: Owning real property- adverse possessionFour justifications: preventing frivolous claims, correcting title defects, encouraging development, protecting personhood (fifth:protect reliance)Elements of adverse possession: Actual possession: use the land in the same manner that a reasonable owner would, given its character, location, and natureExclusive possession: cannot be shared with the owner or with the public in generalOpen and notorious possession: the possession must be visible and obviousAdverse and hostile possession: most states hold that the claimant’s state of mind is irrelevant (objective test). Some requires good faith and some bad faith.Some states also require Claimof right (possessor intends “to appropriate and use theland as his own to the exclusion of all others” – must actlike an owner – believes she is the owner and claims landas her own – but no evidence needed about AP’s state ofmind – in practice, same as “objective” test),Continuous possession: as continuous as a reasonable owner would beFor the statutory periodGurwit v. Kannatzer (common law approach)Issue: whether the evidence supported the adverse possession in the judgment of the trial court.Rule: (1) actual possession: consider the nature and the location of the land (2) open and notorious: activities in the sight of passersby (3) exclusive: for himself, as his own (4) continuous: the nature of the property (5) statutory period of ten yearsAddition: (1) in some states, recreational purposes are not considered actual possession.(note this rule is just used to examine the actual possession, rather than exclusive possession. It means that if the landowner comes to the land for recreation, it would still break the exclusive possession of the claimant.)(2) Use of disputed property by third parties may also prevent an adverse claimant from proving exclusive possession. (3) The land can be divided.It means you can only get the land you really use by adverse possession.(4) A visit is no