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13 Cards in this Set
- Front
- Back
6 elements to get title by adverse possession.
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HELUVA:
Hostile Exclusive Lasting Uninterrupted Visible Actual |
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"hostile"
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Being on property with no right to be there.
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"Exclusive"
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X must be excluding others from possessing the property
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"lasting"
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Possession lasts for statutory period. Assume common law 20 years. TX has 4 time periods:
1. Under color of title and only narrow defects in title, 3 [VERY rare, don’t use] 2. Color of title and pays all taxes, 5 3. Bare possession with no color of title (naked trespasser), 10. Limited to 160 acres unless a larger area is fenced in 4. Paid taxes for entire period, under a color of title, true owner under a disability: 25 |
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"uninterrupted"
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Continuous use that an ordinary owner would make
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"visible"
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Out in open ("open and notorious")
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"actual"
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Must actually possess the land to get title.
2 exceptions: 1) constructive adverse possession 2) leasing of land not owned |
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NOT required for adverse possession
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O doesn't need to know that trespasser is on land.
X doesn't have to think that X owns property-- okay for X to be a knowing trespasser. No need for a claim of right by AP. |
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Constructive adverse possession doctrine.
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If on property under color of title to a larger tract but only actually possesses a part of the larger unit, can get title to rest if:
1) Amount actually possessed has reasonable relation to whole 2) Property is unitary (seamless) whole |
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AP against concurrent owners
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Only when possessor excludes other co-tenants from possession and statute runs.
Exclusion (not mere absence of co-tenant) starts clock. |
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Tacking
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Can tack together periods of time for AP; directly from one AP to another. No gaps.
Can tack periods of true ownership. AP doesn't have to be against the present owner for entire statutory period. |
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Can you adversely possess government land?
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No.
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Disability in the adverse possession context
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If owner is under disability (minor, insane or in jail) when AP begins, AP clock starts when O is free of preexisting disability.
If disability after AP begins, it’s intervening and ignored. TX ONLY: max tolling period for disabilities is 25 years |