Wednesday, June 27, 2007

The five elements of Adverse Possession are?

1) Continuous; 2) hostile/adverse; 3) actual; 4) open, notorious and exclusive; and, 5) under a claim of title inconsistent with that of the true owner...in case you were wondering. Saw a rare Adverse Possession case reported and I couldn't resist posting about it. Miller v. Metropolitan Water Reclamation District of Greater Chicago , No. 1-06-1230 (June 22, 2007) 5th div. (O'BRIEN) Affirmed. Unfortunately for P's in this case the D's were a public municipality and thus essentially immune from adverse possession actions.

Next week, the Rule Against Perpetuities.

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