Quick & Stupid Property Question

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kalvano
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Quick & Stupid Property Question

Postby kalvano » Fri Dec 03, 2010 6:03 pm

My brain has gone totally blank and I can't find this in my notes. For adverse possession, the possession must be continuous.

What happens with something seasonal? Like if you go every winter and camp out somewhere and meet all the other requirements, but you leave during the spring and summer. Or mooring a boat to a dock during sailing season. Leaving for the season breaks the chain on continuity, correct?

I feel like there was something specific for seasonal possession.

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JCougar
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Re: Quick & Stupid Property Question

Postby JCougar » Fri Dec 03, 2010 6:33 pm

kalvano wrote:My brain has gone totally blank and I can't find this in my notes. For adverse possession, the possession must be continuous.

What happens with something seasonal? Like if you go every winter and camp out somewhere and meet all the other requirements, but you leave during the spring and summer. Or mooring a boat to a dock during sailing season. Leaving for the season breaks the chain on continuity, correct?

I feel like there was something specific for seasonal possession.


Seasonal use is allowed if it is consistent with the nature of the parcel of the land. If the land is fit only for summer camping, and you go there and camp every summer for the statute of limitations in a way that is open and notorious, it's yours.

And to determine "consistent with the nature of the parcel of land," courts look to neighboring uses on similar land.

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Kilpatrick
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Re: Quick & Stupid Property Question

Postby Kilpatrick » Fri Dec 03, 2010 6:37 pm

Above is correct. A good way to think about it is if the adverse possessor's use is consistent with how the true owner would use the property, then the possession is continuous. The classic case is if you use a summer house only in the summer - that is still continuous.

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kalvano
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Re: Quick & Stupid Property Question

Postby kalvano » Fri Dec 03, 2010 6:38 pm

Thank you. I knew I was remembering something.

But if it's seasonal use of something that isn't seasonal, then it doesn't count as continuous, correct?

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JCougar
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Re: Quick & Stupid Property Question

Postby JCougar » Fri Dec 03, 2010 6:41 pm

kalvano wrote:Thank you. I knew I was remembering something.

But if it's seasonal use of something that isn't seasonal, then it doesn't count as continuous, correct?


Probably not.

I'm trying to avoid conclusory analyses.

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kalvano
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Re: Quick & Stupid Property Question

Postby kalvano » Fri Dec 03, 2010 6:43 pm

JCougar wrote:
kalvano wrote:Thank you. I knew I was remembering something.

But if it's seasonal use of something that isn't seasonal, then it doesn't count as continuous, correct?


Probably not.

I'm trying to avoid conclusory analyses.



A court would likely find that answer correct.




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