2. The possession must be open, visible, and notorious, not secret or clandestine. Thepossessor must occupy the land for all the world to see.3. Possession must be continuous and peaceable for the required period of time. Thisrequirement means that the possessor must not be interrupted in the occupancy by the trueowner or by the courts. Show 4. Possession must be hostile and adverse. In other words, the possessor must claim theproperty as against the whole world. He or she cannot be living on the property with thepermission of the owner2. Purpose of the DoctrineThis doctrine solves disputes and it rewards possessors for putting the land to productiveuse and punishes owners who do not take action when they see adverse possessionD. Eminent DomainThe United States government has ultimate ownership right in all landGovernment has Condemnation power to take land whenever the public interest requiresitGovernment will offer to buy the property it needs to condemn first, if the owner refuses,the gov. brings a judicial proceeding to obtain the title and the fair value is given to theownerIV. Leasehold EstatesCreated when a real property owner or lessor (landlord) agrees to convey the right topossess and use the property to a lessee (tenant) for a certain period of timeHas qualified right to exclusive possession and temporary possession (distinguishes atenant from a purchaser)Can use the land but cannot injure it (cutting down timber)Lease contract must be in writing if terms of the lease are more than one yearA. Fixed-Term TenancyCreated by an express contract by which property is leased for a specified period of timeIf tenant dies, lease interest passes to his heirsB. Periodic TenancyIs created by a lease that does not specify how long it is to last buy does specify that rentis to be paid at certain intervalsTenancy is automatically renewed for another rental period unless properly terminated byeither party giving at least one period’s notice to the other partyC. Tenancy at WillEither party can terminate the tenancy without noticeD. Tenancy at SufferanceThe possession of land without rightNot a true tenancy because a tenant wrongfully retains possession of propertyHappens when tenant continues to retain possession after tenancy ends without owner’spermissionLandlord is entitled to damages that are based on the fair market rental value of thepremises after expiration of the leaseV. Landlord-Tenant Relationships Established by a lease contract that states the terms in writing if the lease is longer than ayearState or local law often dictates permissible lease termsA. Right and Duties of Landlord and Tenants1. PossessionA landlord is obligated to give a tenant possession of the property that the tenant hasagreed to leaseThe covenant of quiet enjoyment promises that during the term, neither the landlord nor Recommended textbook solutions Social Psychology10th EditionElliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson 525 solutions Human Resource Management15th EditionJohn David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine 249 solutions
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What are the requirements for adverse possession in Pennsylvania?(a) Adverse possession. --Title to real property may be acquired after no less than 10 years of actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the real property.
What are the conditions to claim adverse possession in Georgia?Generally speaking, for an adverse possession claim to prevail in a Georgia court, a trespasser's possession is required to be: “hostile,” that is, against the right of the legal owner and without that owner's permission. “actual,” that is, exercising full control over the property.
How does adverse possession work in Arizona?1. "Adverse possession" means an actual and visible appropria- tion of the land, commenced and continued under a claim of right in- consistent with and hostile to the claim of another. 2. "Peaceable possession" means possession which is continuous, and not interrupted by an adverse action to recover the estate.
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To acquire property by adverse possession the possession must be secret or clandestine
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