Appendix B. Sample questions for depositions. Attorneys' fees -- Rationale and history of adverse possession -- Basic pleading issues -- Part 2. The traditional elements -- Hostility and claim of right -- Color of title -- Exclusivity -- Actual possession -- Open and notorious possession -- Continuous possession -- Adversely holding the property for the required time period -- Part 3. Other potential elements -- Peaceful occupancy -- Cultivation, improvement, substantial enclosures, ouster, and other odds and ends -- Tacking -- Paying real estate taxes : a potential shortcut and, in certain states, a requirement -- Known and visible lines and boundaries -- Part 4. Defenses and disruptions to adverse possession claims -- Disrupting a claimant's continuous use claim -- Disproving hostility -- Statute of Frauds as a defense -- Unclean hands may be a defense to adverse possession by claim of right -- Statute of limitations and laches as defenses -- Affidavits of interruption and Torrens title -- Part 5. Special kinds of adverse possession -- Private parties adversely possessing government property -- Government adversely possessing private property -- Terminating an easement through adverse possession -- A former tenant or current co-owner can become an adverse possessor -- Mining rights and water rights -- Part 6. Workarounds -- Easement by prescription -- Deed reformation -- Obtaining the value of improvements -- Boundary by acquiescence, agreement, and practical location -- Boundary be estoppel and easement by estoppel -- Presumed grant -- Part 7. Miscellaneous matters -- Bench trial versus jury trial -- Burdens and presumptions -- Potential objections to testimony -- De minimis issues, nonstructural encroachments, and law mowing -- Champerty -- Adverse possession in the wake of a tax lien foreclosure -- Attorneys' fees -- Appendix A. Sample complaints -- Appendix B. Sample questions for depositions.
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