A Song About Possession (the adverse kind)

Well hallelujah and praise be.  We survived our first final.  1/5th of the way down.  Considering the small turn-around from our our first final to our second, here's a little something to help you remember that blessed thing called Adverse Possession.

As a side note, this was the topic in property that I was called on to recite.  I was so incredibly unprepared that day because it also happened to be the day of our Torts midterm.  After re-studying it and reading Singer (thank goodness for that book) I think I understand it...at least  better than I did. Then again, everything seems easier when it's in a song.

Good luck you guys, and thanks for humoring me and being so supportive of this quirky music of mine.

(This is sung to the tune of Bryce Merritt's "Song About You."  I didn't write the melody, just the words!)

A Song About Possession (the adverse kind)

Hey, you know it’s time

For a song about possession: How about the adverse kind?

It’s just one of many rules in property

There are 7 parts

And I’ll tell you what, besides this song, it helps to make some charts

But for now just sit back and take my cue

Actual, Continuous, Exlusive

Open & Notorious makes four

Statutory, Hostile, Claim of Right

Owner versus Trespasser

AP limits “immunity:” Look it up in *Singer and you’ll know what I mean

Trespassers can have a legal right to your land

If they intrude and they occupy and use it like it’s theirs for a long long time

If SOL runs than you are out of luck

First is actual, which just means physically using so they don’t think you’re abusing

Such as when T builds or operates a store

Two- continuous just means the occupation happens without any interruption

“Tacking” adds AP’s to meet the SOL

Actual, Continuous, Exlusive

Open & Notorious makes four

Statutory, Hostile, Claim of Right

Owner versus Trespasser

AP limits “immunity:” Look it up in *Singer and you’ll know what I mean

Trespassers can have a legal right to your land

If they intrude and they occupy and use it like it’s theirs for a long long time

If SOL runs than you are out of luck

Exclusivity: it’s like when you are 3 years old and you refuse to share your ball

Here the claimant does not share with anyone

Open, Notorious: O means possession’s very obvious to put the owner on notice

And N – possession’s known to community

Actual, Continuous, Exlusive

Open & Notorious makes four

Statutory, Hostile, Claim of Right

Owner versus Trespasser

AP limits “immunity:” Look it up in *Singer and you’ll know what I mean

Trespassers can have a legal right to your land

If they intrude and they occupy and use it like it’s theirs for a long long time

If SOL runs than you are out of luck

Next, the SOL: the claimant’s use of land adheres to certain quantity of years

For example: 10, 15, or even 20

Hostile is a word that means the owner never gave permission

No not under such conditions

That’s exactly why it’s called “adverse”

Last is claim of right, it means the claimant

Has intent to take land as his own

OR he thinks it’s his but he’s mistaken

Due to Color of Title

AP limits “immunity:” Look it up in *Singer and you’ll know what I mean

Trespassers can have a legal right to your land

If they intrude and they occupy and use it like it’s theirs for a long long time

If SOL runs than you are out of luck

*(see p. 140 in Singer text, 2^nd paragraph)