Property I

Can be approached objectively or subjectively.

• Objective Test
  • The objective approach focuses upon how an objective observer would evaluate whether the adverse possessor is exercising rights that are inconsistent with the rights held by the true owner.
• Subjective tests:
  • Good Faith
    • Allows an adverse possessor who believes they have a bona fide right to the land to gain rights.
  • Intent to Claim
    • Allows an adverse possessor to acquire title if he had intent to claim land beyond his own.