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Property I
University of Dayton School of Law
Watson, Blake Andrew

 Real Property Watson Fall 2016
 
Adverse Possession
Trespasser without title can bar suit from the owner of the land or take title to the land – must meet the 5 requirements
Elements (AHOEC)
Actual Possession
Must show that the typical acts of ownership were carried out on the property
Occupying, clearing, cultivating, fencing, etc.
Color of title
Elements
Must be bona fide
Purport on its face to convey title to the land
Describe the land claimed
True owner have actual or constructive notice of the instrument
True owner have actual or constructive notice of the contents of the instrument
Can possess part of the property but take title to the whole
Constructive adverse possession
COT
Possess part of the tract claimed can allow one to get title to the whole
Hostile
Cannot be permissive
Must be opposed possession
Open and Notorious
Must give the true owner the ability to know of the trespassing
Actual
Constructive
So obvious that they should have known about it
Exclusive
Must act as the sole owner – no competitors
Can lease – acting like an owner
Continuous
Must meet requirements for entire statutory period required – continuous and uninterrupted
Gaps are allowed so long as:
Short
No intent to abandon possession
Tacking
Can transfer AP claims (time of AP)
Periods of possession must pass from one to another and not have any gaps
Teson v. Vasquez
Incapacity
Cannot begin AP claim if owner lacks the capacity to claim their right
Disabilities that begin after the AP has taken place, do not stop the clock
Common Law Estates
Three absolute estates
Fee Simple
No time limit – infinite
Given to “A and her heirs”
Life Estate
Given to someone for a time limit of their lifetime
Pur Autre Vie
Life estate granted but measured by the length of someone else’s lifetime
Term for Years
Limited by time (months, years, days)
Four defeasible estates
Absolute
No conditions
Determinable
No time limit but

ascertained
Must do something in order for CR to vest
Condition precedent
Vested Remainder
No condition other than the natural termination of the preceding estate AND the owner of the remainder is ascertained
Always ready to become possessory
Vested Remainder Subject to Open
Held by a group of people where one or more members of that group is in existence while others are ascertained
Class gifts
Rule of Convenience
Class closes when one member of the class is entitled to possession
Executory Interest
Shifting Executory Interest
Future interest shifts from one grantee to another
Follows a subject to an executory limitation
Springing Executory Interest
Future interest springs from the grantor to the grantee
Gap in ownership occurs
Follows a subject to an executory limitation