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Real Property – Nutshell Examples - page 2 / 22





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Ex:For 20 years, Paul has claimed that he owns Olga’s lot, but he’s never been there.  No statute will run against Olga because she never had a COA against him for ejectment.  Claiming land is not the same as actual possession. (32)


Color of Title

Ex:Paul has a deed to a 5 acre parcel.  The deed was defective.  Paul enters and lives on 1 acre.  At the end of 10 years, he gets all 5 acres.  The boundaries of the deed serves as a substitute for a fence built. (33)


Limitations on Constructive Possession

Ex: Paul has a void deed for lots 1 and 2 which are actually owned by Olga and Owen respectively.  Paul enters lot 1.

Ex:Paul has a deed to lot 1 and 2.  The deed is valid for 1 and not 2.  Paul occupies lot 1.  Paul, again can’t get 2 because he never actually possessed it.  (34)

Ex:Paul has a deed to lot 1 but mistakenly enters lot 2 and possessed only a part of it.  He can only get the part of lot 2 that he actually possessed. (34)


Conflicting Constructive Possessions

Ex:Olga is absent from her 40 acres.  Paul enters and possesses only 1.  Paul will acquire all 40 by AP b/c his constructive possession of 39 acres, couple with actual possession of 1, prevails over Olga’s constructive possession. (34)

Ex:Olga is actually occupying only one of her 40 acres.  Paul enters under color of title but actually possess only 1 acre.  Paul will acquire by AP to only the 1 acre he possessed.  Olga’s claim is superior to Paul’s. (35)

Ex:Olga is absent from her 40 acres.  Paul enters under title to 40 possessing only 1.  Subsequently Rachel enters the same 40 under color of title but actually only possesses 1 other.  Paul can get 39 minus Rachel’s one.  Her actual possession defeats his constructive possession of that one. (35)


Continuous and Uninterrupted

Ex:Rachel intrudes on Paul’s possession after he had it for 9 years and she stays for 1 year.  Paul can’t claim AP, because his possession was interrupted after nine years.  His possession was not EXCLUSIVE. (37)

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