PROPERTY LAW MIDTERM EXAM ACTUAL 2025/2026

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PROPERTY LAW MIDTERM EXAM ACTUAL 2025/2026 QUESTIONS AND 100% CORRECT ANSWERS Adverse Possession - Answer -Means of acquiring TITLE to real or personal property by one who is not the legal owner, but who takes and maintains possession for the statutory period during which time the real owner does nothing to prevent the running of the statute. Statutory Period (Adverse Possession) - Answer -Common law - 20/21 years for real property 10 additional years for disabilities (insane, prison, minor) 4 years for personal property State laws vary, have been shortened by most statutes and/or common law -- 5 to 60 years May depend on type of land and/or possession (such as "color of title") accrues - Answer -statute begins to run when the AP enter (referring to cause of action) ripens - Answer -when AP has met the elements for the requisite number of years (referring to title) title - Answer -for AP to get title, they should be advised to bring an action to "quiet title" to have a court order recognizing AP's title that can be recorded What are the five elements of AP? - Answer -Open and notorious, continuous, exclusive, hostile/adverse, Need assistance on Online classes, Exams & Assignments? Reach out for instant help!! Full Course Assistance, Plagiarism-free Essay Writing, Research Paper, Dissertation, Discussion Posts, etc…. Confidential & Secure services. Tutors are available for all subjects! Email now at: tutorjean01@gmail.com actual Open and notorious (visible) - Answer --Can be met by: proving owner had actual notice or should have known that the former was in possession of the land and asserting a claim to it. -If actual notice can't be shown: Is the AP's use of the property similar to that which a typical owner of similar property would make of it? For instance, nature of the land (aka building of a structure) and effect of fence or other enclosure. Continuous (may include issues of seasonal use) - Answer -- If the property is such that this kind of seasonal use is all that most owners of similar property would make, the possession is deemed to be continuous, and the entire 12 months of the year will be counted towards the SOL. -. If the property is TREATED as though an owner was there then the continuous requirement can be satisfied (from Ray v. Beacon Hudson Mountain Corp: We conclude that plaintiffs' occupancy of the summer cottage in a n0w-defunct resort town for one month during the summer, couple with their regular efforts taken to secure and improve the premises and to eject trespassers during their absences for the 10year statutory period while all neighboring structures collapsed due to vandalism or abandonment, satisfied the element of continuous actual possession) Exclusive (may raise issues of permissive use) - Answer -- really only means that AP must not be sharing control of the property with the true owner, and the property must not be available to the public generally. - However, it is possible that 2 person (not the owner) be in joint possession of property, they would eventually gain joint title to the property by AP Adverse- Hostility, relates to hostility and state of mind - Answer -generally If the true owner has not ejected the interloper within the time allotted for action and the other elements have been met, hostility will be implied (Tioga v. Supermarkets) Actual (or constructive) - Answer -some level of physical occupancy and use - overlaps the open & notorious requirement. - At least a reasonable percentage of the land claimed by the AP must be actually used. - Requirement can be met even if the AP leases his possessory interest Need assistance on Online classes, Exams & Assignments? Reach out for instant help!! Full Course Assistance, Plagiarism-free Essay Writing, Research Paper, Dissertation, Discussion Posts, etc…. Confidential & Secure services. Tutors are available for all subjects! Email now at: tutorjean01@gmail.com