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.
Quick & Stupid Property Question Forum
- JCougar
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Re: Quick & Stupid Property Question
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.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.
And to determine "consistent with the nature of the parcel of land," courts look to neighboring uses on similar land.
- Kilpatrick
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Re: Quick & Stupid Property Question
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.
- kalvano
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Re: Quick & Stupid Property Question
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?
But if it's seasonal use of something that isn't seasonal, then it doesn't count as continuous, correct?
- JCougar
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- Joined: Tue Dec 30, 2008 8:47 pm
Re: Quick & Stupid Property Question
Probably not.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?
I'm trying to avoid conclusory analyses.
- kalvano
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- Joined: Mon Sep 07, 2009 2:24 am
Re: Quick & Stupid Property Question
JCougar wrote:Probably not.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?
I'm trying to avoid conclusory analyses.
A court would likely find that answer correct.
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