Law Study Aids
Courses
- 1L Prep Course
Solutions
- Professors and Institutions

Generic selectors

Exact matches only

Search in title

Search in content

Post Type Selectors

Advanced Search | Notes Search

Start My FREE 7-DAY Trial

Log In

Remember Me

Forgot Password?

Forgot Password?

Forgotten Password

Cancel

Generic selectors

Exact matches only

Search in title

Search in content

Post Type Selectors

Law Study Aids
Courses
- 1L Prep Course
Solutions
- Professors and Institutions

Start My FREE 7-DAY Trial

Log In Sign up

Remember Me

Forgot Password?

Forgot Password?

Forgotten Password

Cancel

SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.

SmartBrief

A.I Enhanced Margin Brief to quickly recall case brief

A.I Enhanced Margin Brief to quickly recall case brief

Sections to print

Brief Prologue
Case Brief
Brief Epilogue
Notes

To print, please Start a Free Trial or Log in.

Confirm favorite deletion?

Cancel Yes, Delete

Property Keyed to Sprankling

View this case in different Casebooks

Property Law Keyed to Cribbet Property Law Keyed to Dukeminier Property Keyed to Merrill

Howard v. Kunto

Citation:

477 P.2d 210 (1970).

Start Your Free Trial or Log in.

Facts

The Howards (the plaintiff-respondents) owned a parcel of land and had a survey done so that they could convey an interest in their land to another party. Their surveyor determined that the deed descriptions and land occupancy of their property and the adjacent properties did not match up. The plaintiff-respondents discovered they actually owned the parcel of land to the west of them, and the owners of the property to the west of them (the Moyers) actually owned the land immediately to the west of them, property then occupied by the Kuntos (the defendant-appellants). The Moyers and the plaintiff-respondents then came to a deal where the plaintiff-respondents gave the Moyers the deed to the property on which the Moyers’ house stood, and in exchange, the Moyers gave the plaintiff-respondents the deed to the land on which the defendant-appellants’ house stood.

Only StudyBuddy Pro offers the complete Case Brief Anatomy*

Access the most important case brief elements for optimal case understanding.

*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue

The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.
Parties:
Identifies the cast of characters involved in the case.
Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.

Start Your Free Trial or Log in.

The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.
Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.
Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.
Holding:
Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.

Start Your Free Trial or Log in.

The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.
Court Direction:
Shares where the Court went from here for this case.

Start Your Free Trial or Log in.

Case Quiz

Retake Attempts

Question 1 of 3

Results

0 of 3 Questions answered correctly.

Results

Quiz complete. Results are being recorded.

Q.1 - In Howard v. Kunto, the court’s decision to apply the doctrine of tacking to allow successive occupants to combine their time for adverse possession purposes significantly expands the applicability of adverse possession claims. Which of the following best encapsulates the court’s view on the nature of “privity” required for tacking, and its relation to continuous possession in the context of this case?

Start Your Free Trial or Log in.

(A) The court's application of privity in this case suggests that privity may be established solely through informal agreement, such as the mutual understanding that possession was uninterrupted, regardless of any formal or documented conveyance of title or interest.

Incorrect. Informal agreements alone without physical possession do not satisfy the privity requirement.

(B) The court held that privity requires a formal transfer of interest between successive possessors, whether through deed or contract, and that failure to establish formal privity bars tacking, irrespective of the continuous possession shown by the claimants.

Incorrect. The court did not require formal transfers through deeds or contracts, focusing instead on continuous possession.

(C) The court’s ruling suggests that privity exists when successive occupants demonstrate that they intended to possess the land as owners would, even if there is no direct legal transfer, but there must be continuous, overt physical possession of the land, and the first possessor’s intent is imputed to the subsequent possessor.

Correct! The court held that privity can be established without a formal transfer, but there must be continuous, overt physical possession, and the first possessor’s intent is imputed to the subsequent possessor. This reflects the broadening of tacking in adverse possession, where informal transfers of possession are recognized under specific conditions.

(D) The court implicitly rejected the doctrine of tacking in this case by emphasizing that each adverse possessor’s claim must independently fulfill the full statutory period, without reliance on previous possessors’ time, thereby requiring uninterrupted possession by a single party.

Incorrect. Tacking was explicitly upheld in this case, rejecting the idea that each possessor must independently meet the statutory period.

Q.2 - The concept of "seasonal use" was pivotal in the court’s reasoning in Howard v. Kunto. Which of the following hypothetical scenarios, consistent with the case, would most likely challenge the sufficiency of seasonal use to meet the "continuous possession" requirement under adverse possession law?

Start Your Free Trial or Log in.

(A) A family has used a beachfront property as a summer home for 15 years, occupying it for 6 months of each year, but never maintaining the land during the off-season and rarely returning for inspections.

Incorrect. The lack of maintenance and inspections would undermine the continuous use requirement

(B) An individual utilizes a winter cabin for several months during the year and makes consistent improvements to the land, including clearing debris and repairing structures, but leaves the property vacant during the rest of the year.

Correct! Consistent improvements and maintenance during the occupied season would generally strengthen the continuity of possession, making this scenario consistent with the court's reasoning in Howard v. Kunto.

(C) A tenant uses a piece of land for farming during the growing season, investing in substantial agricultural improvements and cultivating the land year after year, but does not stay on the land during the off-season.

Incorrect. Farming improvements and use would meet the requirement, as long as possession is maintained during the growing season.

(D) A summer home is consistently used by the same family during the summer months, with the property being maintained by neighbors or caretakers during the off-season, and the property is visibly occupied and regularly inspected.

Incorrect. Regular inspections and maintenance by caretakers would align with the court's ruling, demonstrating continuous care and use.

Q.3 - The court’s analysis in Howard v. Kunto reinterpreted the notion of "continuous possession" under adverse possession law by acknowledging that seasonal use could satisfy this requirement. In evaluating the sufficiency of seasonal use, the court effectively rejected which of the following theoretical concepts of adverse possession, which was historically used to challenge adverse possession claims?

Start Your Free Trial or Log in.

(A) The "interruption doctrine," which posits that any temporary cessation in possession, even for purposes such as travel, destroys the continuity of possession required for adverse possession.

Incorrect. The court did not adopt the "interruption doctrine" but instead accepted that seasonal use could satisfy continuous possession.

(B) The "color of title" rule, which traditionally allowed a claimant’s possession to count toward adverse possession even if the claimant’s deed was defective or the description of the land was incorrect, as long as the possession was continuous.

Incorrect. The "color of title" rule was not the central issue in this case, as the focus was on seasonal use and tacking.

(C) The "permanence requirement," which holds that to establish adverse possession, the possessor must prove that their use of the land was permanent in nature and not contingent upon the temporary and transitory needs of seasonal or recreational activities.

Incorrect. The court did not require permanence in the possession but rather considered the property’s customary seasonal use.

(D) The "intent to possess" requirement, which requires the possessor to demonstrate an unambiguous intention to take ownership of the property from the outset of possession, which can be inferred only from formal declarations or consistent, long-term use.

Correct! The court rejected the "intent to possess" requirement, emphasizing actual possession and use of the property rather than formal declarations or long-term use as indicators of intent to possess.

MarginBrief^™ Case overview for optimal recall

A.I Enhanced Margin Brief to quickly recall case brief

Generating...

Facts:

Quickly review the Facts of this case including its key ideas for optimal understanding and recall.

Quickly review the Facts of this case including its key ideas for optimal understanding and recall.

Issue:

Utilize our powerful A.I. tools to easily capture and understand the Issue in this case.

Utilize our powerful A.I. tools to easily capture and understand the Issue in this case.

Rule:

Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the court’s questions and the case outcome.

Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the court’s questions and the case outcome.

Start Your Free Trial or Log in.

Topic Resources

^™ CaseCast

Todd Berman

ProfessorTodd Berman

CaseCast™ "What you need to know"

CaseCast™ – "What you need to know"

Howard v. Kunto

To continue listening to this CaseCast™ please Subscribe

Topic Video

Howard v. Kunto

22m 52s

See complete Lesson, Quizzes and More

Topic Outline

Adverse Possession

Topic Refresher Course

Adverse Possession

Status:

Your Law School
Success Begins Here

Case Briefs - the Socratic Savior! – Best in class and Largest Library of complete I.R.A.C. / C.R.E.A.C. Law School case briefs. Includes:
- SmartBriefs® - Enhanced case briefs for optimal clarity
- New Case Videos - Explained and Summarized for optimal case understanding
- CaseCast® - Professor overviews of "What you need to know"
- New MarginBrief® - A.I. - Powered for faster, more efficient case recall
Lessons - Professor delivered video for topic reinforcement
Outlines - Professor written - downloadable, amendable and includes test-taking tips and tools
New Case Quiz - Reinforce case principles, instantly scored
Refresher Courses - Quick course reviews with interactive exercises
Quizzes and Exams - over 5,000 Multiple Choice and Essay questions all Professor curated and answered
New My Reviewer™ - Instantly receive a Score, Critique and Feedback on your legal writing
Exam Prep Workshops - Delivered by Professors on how to disect, organize and answer law school exam questions
and so much more ...

Start your FREE Trial

Notepad Click anywhere in notepad to add a note

Howard v. Kunto