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Adverse Possession

Bar Exam Prep Real Property Adverse Possession

Explore the legal terms and concepts related to Adverse Possession. Click on any term below to learn more about its definition and applications.

PROP#152

How do adverse possession claims affect covenants?

If an adverse possessor uses the land in a way that violates a covenant, they will take the land fre...

PROP#151

How do adverse possession claims affect future interests?

The statute of limitations does not run against the rights of a future interest until the interest b...

PROP#150

In assessing a claim of adverse possession, how is the "adverse or hostile" requirement satisfied?

The possessor must enter without the owner's permission. In a concurrent estate, a co-tenant must ou...

PROP#149

In assessing a claim of adverse possession, how is the "actual and exclusive" requirement satisfied?

An adverse possessor will only gain title to land they actually possessed, which they cannot share w...

PROP#148

In assessing a claim of adverse possession, how is the "open and notorious" requirement satisfied?

Possession is open and notorious when it is the type of use that the owner would make of the land, a...

PROP#147

How does a land owner's disability affect an adverse possession claim?

If a true owner was under a disability (e.g., being a minor, imprisoned, or insane) to sue when the...

PROP#146

In assessing a claim of adverse possession, how is the "continuous" requirement satisfied?

The possession must be continuous and begins to run when the true owner can first bring suit. Consta...

PROP#145

What is required to successfully establish a claim of adverse possession?

To establish title by adverse possession, the possessor must show: (1) actual and exclusive possessi...

PROP#153

How do adverse possession claims work against government property?

Government-owned land cannot be adversely possessed.

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