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EXAM TIPS

Exam Tips on

ADVERSE POSSESSION

Whenever it appears that a person has encroached on another’s property, check to see whether the encroacher may have taken title by adverse possession. Adverse-possession questions are favorites of profs, in part because an adverse-possession issue can be well-hidden inside an essay fact pattern involving other topics.

Note: In the examples in this section, we assume a 20-year adverse-possession statute unless otherwise noted.

Adverse possession generally

Remember to list and discuss all the requisite elements even if they are obvious. In your analysis, discuss in greater detail the elements that are less clear. Also, note the state statutory period. If one isn’t mentioned, write that you’re assuming the occupation has occurred for the requisite length of time.

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