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Real Property – Nutshell Examples

I.Adverse Possession

a.

Tacking

Ex:Paul possessed prop form 80 to 86 then gave a deed to Rachel who possessed from 86 to 91.  Under a 10 year st. of lims, Rachel prevail against, b/c Rachel can tack Paul’s 6 years to her own 5 and claim 11. (25)

Ex:Paul possessed for 6 years and dies leaving Rachel as heir.  Rachel then possess for 5.  2 together will equal 11 and there IS privity. (26)

Ex:Paul possessed for 6, sells to Rachel who possesses for 5.

Ex:Paul for 6 years and ousted by Rachel for 5 years.  Rachel gets nothing.  No tacking b/c no privity.  Rachel doesn’t get it for another 5 years. (26)

b.

Tacking w/o color of title

Ex:For 6 years, Paul possessed lot 1 based on a deed describing lot 2.  Paul then conveys to Rachel and she enters lot 1 for 5 years.  Although they both had actual possession of lot 1, this is still ok.  If Paul occupied lot 1 and part of lot 2 and only conveys lot 1, Rachel can claim both. (27)

c.

Notorious

Ex:Paul lives in house on lot 1, which he believes is his own.  However, Olga actually owns it.  Everyone in neighborhood that Paul lives there, except Olga.  Paul will own the prop after 10 years b/c Olga should have checked the property.  Paul had no duty to inform her. (31)

Ex:Paul’s house encroaches on Olga’s prop, but Olga doesn’t know it.  Paul can acquire title to the encroachment area even though Olga doesn’t have the property surveyed until after the statute has expired. (31)

d.

Subjacent Possession

Ex:Paul operates a cave that tunnels under Olga’s property.  Paul doesn’t make it secretive.  The fact that Olga doesn’t know is irrelevant, and Paul may gain title to the cave by AP.  (32)

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