Term
| Elements of Adverse Possession |
|
Definition
And Entry which
1. Gives rise to exclusive Possession
2. Open and Notorious
3. Continuous for statutory period
4. Hostile and underclaim of right |
|
|
Term
|
Definition
| Rule: An entry which, given the size, condition, and locality of the land, would alert a reasonably attentive owner to a claim of dominion by the AP |
|
|
Term
| Continuous for Statutory Period |
|
Definition
- Rule: For possession to be continuous the AP must continually exercise dominion in way the average true owner would use the property under the circumstances, such that neighbors and other observers would regard the occupant as a person exercising exclusive dominion
|
|
|
Term
| Hostile and under claim of right |
|
Definition
Rule: There are three different approaches to what AP's mental state must be toward the property |
|
|
