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3. The buyer consulted his lawyer, who properly advised that, in an appropriate action, the buyer would probably obtain title to
The period of time to acquire title by adverse possession in the jurisdiction is 15 years.
Now, the buyer has had his property surveyed and the title checked and has learned the facts.
20 years ago, the buyer planted a row of evergreens in the vicinity of the opposite (east) boundary of Blackacre and erected a fence just beyond the evergreens to the east. In fact both the trees and the fence were placed on Greenacre, owned by a neighbor, which bordered the east boundary of Blackacre. The buyer was unsure of the exact boundary, and placed the trees and the fence in order to establish his rights up to the fence. The fence is located 10 feet within Greenacre.
25 years ago, a seller conveyed Blackacre to a buyer by a warranty deed. The seller at that time also executed and delivered an instrument in the proper form of a deed, purporting to convey Whiteacre to the buyer. The seller thought she had title to Whiteacre but did not; therefore, no title passed by virtue of the Whiteacre deed. Whiteacre consisted of three acres of brushland adjoining the west boundary of Blackacre. The buyer has occasionally hunted rabbits on Whiteacre, but less often than annually. No one else came on Whiteacre except occasional rabbit hunters.
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To establish title by adverse possession, the possessor must show the following:
Actual possession of the land: This requirement is designed to give the true owner notice that a trespass is occurring. As a general rule, the adverse possessor will gain title only to the land she actually occupies.Exclusive possession of the land: Exclusive, in this context, means that the possessor is not sharing with the true owner or the public at large.Open and notorious possession: Possession is open and notorious when it is the kind of use the usual owner would make of the land. The adverse possessor's occupation must be sufficiently apparent to put the true owner on notice that a trespass is occurring.Hostile: The possessor's occupation of the property must be adverse. This means that the possessor does not have the true owner's permission to be on the land. The state of mind of the possessor is irrelevant. By the majority view, it does not matter whether the possessor believes she is on her own land, someone else's, or has no idea who owns the land.Continuous possession: The adverse claimant's possession must be continuous throughout the statutory period. Continuous possession only requires the normal degree of occupancy and use that the average owner of the property would do.Notably, an action to quiet title is not a requirement for adverse possession. Bringing an action to quiet title is usually more of a practical situation that would happen in real life so the possessor can show and say she has valid title. However, it does not factor into whether title was established through adverse possession on the MBE.
B is correct. Color of title as to Whiteacre is irrelevant, as the buyer has not fulfilled the other elements of adverse possession. The buyer has, however, obtained possession of the 10-foot strip of Greenacre by erecting a fence (exclusive) and planting trees (open and notorious), without permission (hostile), and maintaining his actual possession continuously for the 15-year statutory period. Thus, the buyer is entitled to possess the 10-foot strip of Greenacre he has gained by adverse possession but has not gained any interest in Whiteacre.
A is incorrect. The buyer has not acquired Whiteacre because he has failed to exclude others from the property (i.e. the hunters) and has not maintained possession continuously or openly (visiting the land less often than annually). The buyer needs to meet all the elements of adverse possession in order to gain any sort of rights over Whiteacre.
C is incorrect. The buyer has not sufficiently proven the elements of adverse possession as to any portion of Whiteacre but has obtained possession of the strip of Greenacre.
D is incorrect. As explained above, the buyer has gained possession of the strip of Greenacre after meeting adverse possession requirements for the required statutory time period.