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Real Property – Nutshell Examples - page 3 / 22

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Ex:Paul possessed for 5 and then is ousted by Rachel.  Paul brings an action against Rachel and is restored after her one year possession.  Most authorities say that he doesn’t have to start the statute from scratch.  They do NOT agree as to whether he can use her one year to count towards the ten. (38)

Ex:Paul’s deed conveyed Lot 1, but he mistakenly takes Lot 2.  Olga, owns 2, but possessed 3.  Olga visited Paul a lot and even slept over there.  None of these acts by Olga interrupted Paul’s possession, because they occurred as a result of Paul’s permission. (39)

i.

Exclusive

Ex: During Paul’s 10 years on the prop, others were frequently intruding and were not ousted by Paul.  Paul will not get prop by AP because his possession was not exclusive.  He’s not a REAL possessor. (39)

Ex:During the past 10 years, Paul has sometimes possessed the prop exclusively.  However at other times, he brings friends or leases to 3rd parties.  Paul is an AP, the others had permission. (39)

j.

Ouster

Ex:Paul in possession for 3 years as a tenant of Olga.  He says he will no longer pay rent b/c she isn’t the owner.  Paul is wrong; she is.  If he stops paying rent, he will be an AP.  The statutes don't include the first 3 years. (42)

Ex:Paul and Olga are Joint Tenants, but Paul has been in sole possession for the past 3 years.  Paul has told Olga that she can’t use the property.  Paul’s possession will ripen into full title after the limitations has run, but the 3 years don’t count. (42)

k.

Disabilities

Ex:Paul takes possession in 80, while Olga is mental.  Olga recovers in 83.  Paul doesn’t get title until 93. (44)

Ex:Paul takes possession in 80, Olga is 12 and mentally impaired.  Paul can’t get title until 96, ten years after Olga turns 18. (44)

l.

Future Interests

Ex:In 79, Olga dies, leaving to her husband for life and thereafter to her daughter.  In 80, Paul enters.  In 90, assuming Olga’s husband was still alive, Paul gained

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