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Question 1
The state of Utopia has an adverse possession Statute of Limitations of 20 years. Virtue and Sneak own Whiteacre, a parcel of land that is located in Utopia, as joint tenants. One day, Virtue takes a business trip to Shangri-la. He remains there for 25 years. During that time, Sneak lives in sole possession of Whiteacre. When Virtue gets back, Sneak claims that he has acquired title to Whiteacre through adverse possession. Is Sneak correct?
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Correct To be effective, adverse possession must be adverse to the true owner's ownership interest. If both parties have the right to possess property, then possession by one cannot be hostile to the other's ownership because the possessor is merely exercising his or her right to possession. In a joint tenancy, both parties have the full right to possess the entire property. Sneak was merely exercising this right. Therefore, his possession is not hostile to the ownership of Virtue. Therefore, there is no adverse possession in this case.
Incorrect! To be effective, adverse possession must be adverse to the true owner's ownership interest. If both parties have the right to possess property, then possession by one cannot be hostile to the other's ownership because the possessor is merely exercising his or her right to possession. In a joint tenancy, both parties have the full right to possess the entire property. Sneak was merely exercising this right. Therefore, his possession is not hostile to the ownership of Virtue. Therefore, there is no adverse possession in this case.
Question 2
The state of Utopia has an adverse possession Statute of Limitations of 20 years. Virtue owns Whiteacre, a parcel of land that is located in Utopia. One day, Virtue takes a business trip to Shangri-la. He remains there for 25 years. During that time, Sneak moves in to Whiteacre and he lives in sole possession of Whiteacre for the full 25 years. When Virtue gets back, Sneak claims that he has acquired title to Whiteacre through adverse possession. Is Sneak correct?
Correct In this case, Sneak's adverse possession is valid. The fact that Virtue was out of town does not mean that the possession was not open and notorious. Even if the owner does not actually know of the possession, the possession it open and notorious if the owner would discover the possessor in the course of a normal investigation of the property. It is also not necessary that the possessor claim that he was sold the property. Adverse possession does not require a claim that the possessor entered the property legally or rightfully.
Incorrect! In this case, Sneak's adverse possession is valid. The fact that Virtue was out of town does not mean that the possession was not open and notorious. Even if the owner does not actually know of the possession, the possession it open and notorious if the owner would discover the possessor in the course of a normal investigation of the property. It is also not necessary that the possessor claim that he was sold the property. Adverse possession does not require a claim that the possessor entered the property legally or rightfully.
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Question 3
The state of Utopia has an adverse possession Statute of Limitations of 20 years. Virtue owns Whiteacre, a parcel of land that is located in Utopia. Whiteacre spans 10 acres. Virtue lives on a one acre lot in the northeast corner of Whiteacre. One day, Sneak builds a house on a 1/2 acre lot in the southwest corner of Whiteacre and he lives in that house for 25 years. To what extent, if any, can Sneak gain title to Whiteacre by adverse possession?
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Correct Adverse possession need not necessarily be on an entire property. A person can successfully adversely possess a portion of the property as long as the possessor excludes the actual owner from that portion. In such a case, the adverse possession will succeed in transferring only the property that was actually possessed by the adverse possessor.
Incorrect! Adverse possession need not necessarily be on an entire property. A person can successfully adversely possess a portion of the property as long as the possessor excludes the actual owner from that portion. In such a case, the adverse possession will succeed in transferring only the property that was actually possessed by the adverse possessor.
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Question 4
Tom Thumb is a midget who requires very little living space. Unfortunately, Tom's size has hurt him in an attempt to make a living. In order to save himself rent money, Tom moves into the house of Rollie Fingers. To avoid detection, Tom takes up residence in Fingers' attic, which, for Tom, is easily big enough to suit his living style. To avoid detection, every time Tom hears Fingers coming up to the attic, he hides in a small hole in the wall. Tom lives in the attic for 15 years in this manner. The period of limitations for adverse possession in Tom's state is 10 years. One day Fingers finally catches Tom when he goes up to the attic in the middle of the night and finds Tom asleep on the floor. He wants to evict Tom. Can he do so?
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Correct Tom has not acquired the attic via adverse possession because his possession was not open and notorious. For adverse possession to be effective, it must be done in a manner that is apparent to the true owner. In this case, Fingers cannot be expected to always check holes in the walls of his attic for adverse possessors. In addition, Tom's possession was not hostile and not under claim or right because he hid every time the true owner came up to the attic.
Incorrect! Tom has not acquired the attic via adverse possession because his possession was not open and notorious. For adverse possession to be effective, it must be done in a manner that is apparent to the true owner. In this case, Fingers cannot be expected to always check holes in the walls of his attic for adverse possessors. In addition, Tom's possession was not hostile and not under claim or right because he hid every time the true owner came up to the attic.
Question 5
Dean and George are good friends. Dean lives in a big, white house in Dreamland. The statutory adverse possession period in Dreamland is 15 years. One day, George moves into one of the rooms in Dean's house. Dean consents to George moving in. George stays in one room in the house for 20 years. Has George acquired the room via adverse possession?
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Incorrect!
Correct For adverse possession to be effective, if must be hostile to the ownership of the true owner. If the owner consents to the possessor staying there, the possession, by definition, is not hostile.
Incorrect! For adverse possession to be effective, if must be hostile to the ownership of the true owner. If the owner consents to the possessor staying there, the possession, by definition, is not hostile.
Question 6
Dean and George are good friends. Dean lives in a big, white house in Dreamland. The statutory adverse possession period in Dreamland is 15 years. One day, George moves into one of the rooms in Dean's house. Dean tells George that he has to leave. Instead, George changes the locks to the room and stays in the room for 16 years. Has George acquired the room via adverse possession?
Correct Possession of part of a property can be considered hostile if the possessor excludes the true owner from that part of the property. Locking Dean out definitely qualifies as excluding Dean from the room.
Incorrect! Possession of part of a property can be considered hostile if the possessor excludes the true owner from that part of the property. Locking Dean out definitely qualifies as excluding Dean from the room.
Correct
Incorrect!
Question 7
Ron owns a big White house in Never-Neverland. The statutory adverse possession period in Never-Neverland is 15 years. Ron does not live in his house, opting to live in a different one of his houses instead. On January 21, 1993, Bill moves into Ron's house without permission and lives in the house until January 21, 2001. At that point George physically throws Bill out of the house and moves in himself. On January 1, 2009, Ron brings an action to evict George. George claims he now owns the house because he acquired it via adverse possession. Who owns the house?
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Correct Adverse possessors can tack their periods of possession onto one another's possession if and only if the transfer from the first possessor to the second possessor was made voluntarily. In this case, the transfer from Bill to George was not a voluntary transfer. Therefore, George's period of limitation started over on January 21, 2001 and will not run until 2016. Therefore, Ron's action, brought in 2009, is in plenty of time to cut off George's adverse possession period before it succeeds in transferring title to the house to George.
Incorrect! Adverse possessors can tack their periods of possession onto one another's possession if and only if the transfer from the first possessor to the second possessor was made voluntarily. In this case, the transfer from Bill to George was not a voluntary transfer. Therefore, George's period of limitation started over on January 21, 2001 and will not run until 2016. Therefore, Ron's action, brought in 2009, is in plenty of time to cut off George's adverse possession period before it succeeds in transferring title to the house to George.
Question 8
Winkin owns Littleacre, a house in Nirvana, which has an adverse possession limitations period of 10 years. In 1990, Nod moved onto Littleacre without permission. In 1995, Winkin sells Littleacre to Blinkin. Nod continues in possession of Littleacre until 2002, when Blinkin brings an ejectment action against Nod. Who owns Littleacre?
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Correct The rule regarding adverse possession against successive owners is that once an adverse possession begins to run against a land owner, it continues to run against other subsequent land owners as well. Nod's period of possession against Blinkin tacks onto his period of possession against Winkin. Thus, he has completed more than 10 years of adverse possession. Nod owns Littleacre.
Incorrect! The rule regarding adverse possession against successive owners is that once an adverse possession begins to run against a land owner, it continues to run against other subsequent land owners as well. Nod's period of possession against Blinkin tacks onto his period of possession against Winkin. Thus, he has completed more than 10 years of adverse possession. Nod owns Littleacre.