(Carpenter adj land expanded backyard ct said – – Carpenter knew her lot did not include the cornfield and knew someone else had to it so no AP) SPECIAL CIRCUMSTANCES possession hostility ≠ repudiation req in tenant/landlord sits Tenant & landlord: if tenant stays over past lease, hostility does not ensue until landlord repudiates rightful possession of tenant/tenant makes known he wants to adv possess (treats him as trespasser) LE & remainderman: possession by a life tenant is not hostile toward the remainderman even if he believes he has a fee simple and remainderman has no interest because he has rt to land during his life HOWEVER, if a life tenant repudiates life interest than the remainderman becomes immediate possessor and if life tenant continues to occupy he can gain AP against remainderman Can only sue for ejectment if you own prop. So if remainderman is watching his prop going away cuz of adv poss and life estate guy is doing nothing about it… Remainder cannot do anything about it cuz doesn’t have current prop rights Q: Can’t remainderman sue cuz has future rights in land and this would be detri. to his future rights? No (not law) Innocent improver doctrine: a rule in equity Rule: If A substantially improved O’s land, O should pay for improvements OR have sell fair value of the land less the improvements Equitable relief to prevents unjust enrichment Requirements: must clean hands to win Maine Rule So can’t win under cuz no clean hands have to have lost AP claim (try law before equity) Random Vocab Claim of Right v. Color of Title: both refer to the hostility requirement Claim of right: behave objectively inconsistent with the owners rights as if it is yours Color of Title: Exists when there is a defective title transferred to the claimant Substitute for claim of right element in A better than possession: Color of title will beat poss Benefits
(Carpenter – adj land expanded backyard – ct said Carpenter knew her lot did not include the cornfield and knew someone else had to it so no AP) SPECIAL CIRCUMSTANCES possession ≠ hostility repudiation req in tenant/landlord sits Tenant & landlord: if tenant stays over past lease, hostility does not ensue until landlord repudiates rightful possession of tenant/tenant makes known he wants to adv possess (treats him as trespasser) LE & remainderman: possession by a life tenant is not hostile toward the remainderman even if he believes he has a fee simple and remainderman has no interest because he has rt to land during his life HOWEVER, if a life tenant repudiates life interest than the remainderman becomes immediate possessor and if life tenant continues to occupy he can gain AP against remainderman Can only sue for ejectment if you own prop. So if remainderman is watching his prop going away cuz of adv poss and life estate guy is doing nothing about it… Remainder cannot do anything about it cuz doesn’t have current prop rights Q: Can’t remainderman sue cuz has future rights in land and this would be detri. to his future rights? No Innocent improver doctrine: a rule in equity (not law) Rule: If A substantially improved O’s land, O should pay for improvements OR have sell fair value of the land less the improvements Equitable relief to prevents unjust enrichment Requirements: must clean hands to win So can’t win under Maine Rule cuz no clean hands have to have lost AP claim (try law before equity) Random Vocab Claim of Right v. Color of Title: both refer to the hostility requirement Claim of right: behave objectively inconsistent with the owners rights as if it is yours Color of Title: Exists when there is a defective title transferred to the claimant Substitute for claim of right element in A better than possession: Color of title will beat poss Benefits