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  • Property: Pre-Lecture 4.2 Professor Kathleen Morris Golden Gate University School of Law

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    This document discusses adverse possession and prescriptive easements. It outlines the traditional justifications for adverse possession, which are to prevent long-time possessors from losing land they have used for a long period, and to encourage true owners to make use of their land or risk losing it. It also discusses the rules around gaining an easement through adverse possession, known as a prescriptive easement. The document poses two problems for students to respond to regarding adverse possession cases.

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    This document discusses adverse possession and prescriptive easements. It outlines the traditional justifications for adverse possession, which are to prevent long-time possessors from losing land they have used for a long period, and to encourage true owners to make use of their land or risk losing it. It also discusses the rules around gaining an easement through adverse possession, known as a prescriptive easement. The document poses two problems for students to respond to regarding adverse possession cases.

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    59 views6 pages

    Property: Pre-Lecture 4.2 Professor Kathleen Morris Golden Gate University School of Law

    Uploaded by

    steph.hernan6704
    This document discusses adverse possession and prescriptive easements. It outlines the traditional justifications for adverse possession, which are to prevent long-time possessors from losing land they have used for a long period, and to encourage true owners to make use of their land or risk losing it. It also discusses the rules around gaining an easement through adverse possession, known as a prescriptive easement. The document poses two problems for students to respond to regarding adverse possession cases.

    Copyright:

    © All Rights Reserved
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    of 6

    PROPERTY

    Pre-lecture 4.2
    Professor Kathleen Morris
    Golden Gate University
    School of Law
    Topics In Today’s Readings
    • What are the policy justifications for adverse
    possession? Are they persuasive, do you think?
    • Should an adverse claimant have to prove he or
    she acted in “good faith” -- that is, believed he
    or she had a legal claim to the property – in
    order to gain title through adverse possession?
    • Should the law treat rural land differently from
    urban or suburban land for adverse possession
    purposes? If so, why?
    Rules and Policy Considerations From Today’s
    Reading:
    • Once a parcel has been acquired through adverse possession, title to the property
    shifts from the true owner to the adverse possessor.
    • The traditional justifications for allowing adverse possession are: (1) the doctrine
    prevents long-time possessors from being wrenched from their land while
    simultaneously (2) encouraging true owners to make use of the land (or risk
    losing it).
    • The idea behind the first justification is that by making active, open use of the
    land over a long period of time, the adverse possessor shows he or she greatly
    values the land and is likely to become deeply attached to it and productive on it.
    • The idea behind the second justification is that by ignoring the land over a long
    period of time, to the point of abandonment, the true owner shows he or she
    values the land very little.
    • Property law often contains both rigid rules and flexible standards, and each carry
    pluses and minuses. More rigid rules maximize clarity, thus minimizing litigation.
    But application of rigid rules often leads to injustice in the particular case. By
    contrast, flexible standards mean less clarity and more litigation, though
    undeniably more just results overall.
    Blackletter Rules:
    • A person may gain an easement (“right of way”) by
    adverse possession, otherwise known as a “prescriptive
    easement,” when he or she continuously uses another’s
    land under circumstances that fulfill the requirements of
    adverse possession.
    • A successful claim to a prescriptive easement results in
    the right to continue the kind and amount of use that
    persisted during the statutory period.
    • A person seeking to obtain an easement by prescription
    does not need to show exclusive use vis-à-vis the true
    owner, but rather, acquiescence by the true owner
    (actual or constructive knowledge and passivity).
    Case
    • Community Feed Store, Inc. v.
    Northeastern Culvert Corp. (Vt. 1989)
    Problems
    1. Please write responses to the
    questions posed in problem 1 on page
    321.
    2. Please write responses to the
    questions posed in problem 2 on page
    321-22.

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