2011©Cengage Learning. All Rights Reserved.

Involuntary Transfers of Property 2011©Cengage Learning. All Rights Reserved.

ADVERSE POSSESSION A method of acquiring title to another’s property. The claimant need only pay the taxes & occupy the property in a notorious & adverse manner for five consecutive years under a color of title. Claimant automatically becomes the new and lawful owner. 2011©Cengage Learning. All Rights Reserved.

Perfecting Marketability The adverse possessor’s title must be ascertainable from a search of the county records. Must be a recorded document of title. 2011©Cengage Learning. All Rights Reserved.

Comparison to Easement by Prescription Each concept involves entirely different rights. An easement by prescription does not require payment of taxes, & it only grants the right to use the property. Adverse possession transfers exclusive possession of the property & requires payment of taxes. 2011©Cengage Learning. All Rights Reserved.

Basic Requirements (1) Notorious occupation of the property. (2) Hostility to the owner. (3) Occupation under a claim of right or color of title. (4) Occupation for five continuous years. (5) Payment of all taxes levied against the property. 2011©Cengage Learning. All Rights Reserved.

Notorious Occupation The claimant must actually, openly, & notoriously occupy the property. 2011©Cengage Learning. All Rights Reserved.

Hostile (Adverse) Possession Possession must be adverse or hostile to the owner 2011©Cengage Learning. All Rights Reserved.

Owner Must Have Right to Possession owner must have a present right to bring a cause of action against the occupant–trespasser. 2011©Cengage Learning. All Rights Reserved.

Claim of Right or Color of Title the possession must be made under either a claim of right or a color of title. 2011©Cengage Learning. All Rights Reserved.

Five Years’ Continuous Possession The property must have been continuously possessed for five consecutive years. 2011©Cengage Learning. All Rights Reserved.

Payment of Taxes The occupant must pay all taxes against the property during the five-year period. 2011©Cengage Learning. All Rights Reserved.

EMINENT DOMAIN the power of the state to acquire private property for public use upon payment of just compensation. 2011©Cengage Learning. All Rights Reserved.

Police Power Zoning Regulation of property for which no compensation is paid to the owner. 2011©Cengage Learning. All Rights Reserved.

CONDEMNATION GUIDELINES Limitations on Condemnation For the Public Good Just Compensation 2011©Cengage Learning. All Rights Reserved.

The amount of just compensation is usually calculated by one or more traditional appraisal techniques: Cost method Market comparison method Capitalization of income method 2011©Cengage Learning. All Rights Reserved.

ADDITIONS AND SUBTRACTIONS BY WATER 2011©Cengage Learning. All Rights Reserved.

When land borders on a stream, river, lake, or ocean, the action of the water can affect the size of the land. 2011©Cengage Learning. All Rights Reserved.

Gradual Gain of Land If a person’s land grew from the slow, almost imperceptible, deposits carried by water, then a person owns the enlargement to his or her property. Accretion Reliction 2011©Cengage Learning. All Rights Reserved.

Sudden Removal of Land Avulsion The sudden & violent action of the water causes a considerable and distinguishable part of his land loss. 2011©Cengage Learning. All Rights Reserved.