Adverse Possession Discussion
Description
Chapter 18; Entire Chapter
Chapter 19; Entire Chapter.
- Chapter 27; Entire Chapter
- Chapter 29; Nuisance.
- Exodus: 22:9; For all manner of trespass, whether it be ox, for ass, for sheep, for raiment, or for any manner of lost thing, which anther challengeth to be his, the cause of both parties shall come before judges and whom the judges shall condemn he shall pay double unto his neighbor.
- Larry Land Investor, buys a property with a house on 3 acres with an adjoining stream flowing through the property. Nancy Nice Lady owns the property on the other side of the stream which consists of another home on 5 acres of land. Nancy inherited the property from her late parents and has enjoyed a quiet life on her property. She has never studied the property lines or taken the time to understand the dimensions as she has had no reason to through the years. Larry learns through his due diligence that the boundary line is split down the center of the stream. Larry believes that the property is valuable with the complete stream on his property so after he purchase the property, he erects a 6-foot-tall picket fence with no gates or other entry points on Nancyàside of the property. Nancy was very upset and complained to Larry who did nothing. Nancy decided to climb the fence and go down to the stream whenever she wanted. Fifteen Years went by and Larry filed a claim for title based upon the theory of adverse possession. Please state whether you believe Larryàclaim will prevail and explain the basis for your position. Please include how Larry and Nancy should treat each other in the context of Exodus 22:9
- Understanding Property Law, Fourth Edition by John G Sprankling (2017); ISBN 9781522105572
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