IL generally
requires objective
good faith= the absence
of an intent ot defraud
the holder of better title
or simple the absence of
bad faith
IL Requires
good faith and
color of title and
paid taxes for 7
years rather than
20 years
State of Mind
Yes
Was the Initial
Possesion was
Permissive
Must last as long as the statute of
limitations for a cause of action to
recover possession and possession
must be continuous, so that the owner
could have sued at any time during the
period. It must be uninterrupted, so
that no other person possessed
adversely to the the adverse
possessor duriing the period.
Continuous and
Uninterrupted
Completion of a successful
adverse possessoin gives the
possessor an original title to
the porperty. Will not extinguish
future interests, nonpossessory
interests or interests owned by
the governemnt
The Prossessor
must notify the
owner that the
possessor has
repudiated the
owner's rights in
the property
Adverse Possession- Establish actual
possesion(IL=20 years)
Adverse possessor
must act like an
owner with regard to
tohers and must allow
them to be on the
property only with her
permission. Hostile to
the owner's title
No
Hostile;Outer
Brown v. Gobble- To prove
adverse possession
credible, clear and
definitive proof is needed
An owner's lack of
actual knowledge is
not a defense
Give notice to
any owner
inspecting the
property
Open and
Notorious