Alyssa and Peter own neighboring farms, each being 160 acres in size. The boundary line between their two properties was never properly determined or clearly known to Alyssa and Peter. In 2002, Alyssa built a wooden fence where she thought the boundary lay, but in fact the fence encroached on Peter’s land by ten feet along the entire boundary. In 2007, Peter gave up farming and moved to another state. That year and all following years he leased his farm to a nearby farmer, Ralph. In 2014, Peter died, and his executor, preparing to sell the farm, hired a surveyor who discovered the encroachment. The executor demanded that Alyssa move the fence. She refused, and in 2014 he filed suit to quiet title. The statute of limitations for the recovery of real property is ten years. The most probable result is
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In 2006, Susan devises Blackacre “to Julia for life, then to…
In 2006, Susan devises Blackacre “to Julia for life, then to the first female president of the United States of America.” Assume that the first female president is elected in November 2048, that she was born in the year 2007, and that Julia dies in 2030. The remainder is valid under which of the following perpetuities reform measures?The cy pres doctrine.Wait-and-see.USRAP.Abolition of the rule as applied to perpetual trusts.
For the past 10 years, Ana rented a house she owned to Nia….
For the past 10 years, Ana rented a house she owned to Nia. The lease created a periodic tenancy, with rent payable on January 1st of each year. From the beginning, Nia demonstrated great hostility toward Ana and often refused to speak with Ana or answer inquiries about the house. Each year, Nia would leave for Europe and spend several weeks visiting museums and touring the Alps. These vacations caused Ana some concern since the house was vacant and susceptible to waste. Shortly after Nia missed making her rental payment for the current year, Ana went to Nia to demand the payment. Nia asserted that she did not owe Ana any rent. Nia claimed that she now owned the house because she had adversely possessed it. The jurisdiction has a 10-year statutory period for adverse possession. Which of the following is correct?
What future interest is created by the following limitation:…
What future interest is created by the following limitation: “to Mosely for life, then if Spencer survives Mosely to Spencer and his heirs”?
The following three questions are based on these facts: Gam…
The following three questions are based on these facts: Gambir, a second-hand book dealer, purchased a used four-volume set of Blackstone’s Commentaries from Wei for $200. Wei inherited the book from his Uncle Zhu. Inside the book, he came across a U.S. War Bond made out in the name of Ulysses Westcott, Sergeant, U.S. Army Quartermaster Corps, with a face value of $200. The date of maturity of the bond is January 1, 1970. Even though the bond matured over 50 years ago, the U.S. government continues to be obligated to pay $100. Gambir finds out that the value of the bond to collectors is $5,000.
Willie, a minor, owned a small house called Greenacre. In 20…
Willie, a minor, owned a small house called Greenacre. In 2007, when Willie was only five, , Sean moved into Greenacre and began to meet all the elements for adverse possession. The statutory period in this jurisdiction is 10 years. A state statute also suspends the running of the statutory period during the disability and for five years after the disability ends. The age of majority is 18. What is the earliest date that Sean could perfect title by adverse possession?
An owner conveyed her parcel of land to her church “for the…
An owner conveyed her parcel of land to her church “for the life of my son, and from and after the death of my said son to all of my grandchildren and their heirs and assigns in equal shares; provided that the church shall use the premises for church purposes only.” In an existing building on the property, the church immediately began to conduct religious services and other church activities. Subsequently, the church granted a construction company the right to remove sand and gravel from a one-half acre portion of the property on payment of a royalty. The construction company has regularly removed sand and gravel since and paid a royalty to the church. The church has continued to conduct religious services and other church activities on the property. All four of the living grandchildren of the owner, joined by a guardian ad litem to represent unborn grandchildren, instituted suit against the church and the construction company seeking damages for the removal of sand and gravel and an injunction preventing further acts of removal. There is no applicable statute. Which of the following best describes the likely disposition of this lawsuit?
For longer than anyone can remember, Joe has worked the nigh…
For longer than anyone can remember, Joe has worked the night shift at Joe’s Bar & Grill, which is open 24 hours a day. He arrives at work at 10 pm and leaves for home at 6:30 am. Joe’s Bar & Grill does not have a parking lot. Next door to Joe’s Bar & Grill is an office building, which has a row of parking spaces along the boundary separating the two neighboring parcels. The office building and the parking lot are almost completely empty every night. Despite a sign that warns parking is only for office tenants and their guests, Joe parks in the office building parking lot every night and always in the same space (the one closest to Joe’s Bar & Grill). Joe’s parking practice continues for more than ten years, which is the statutory period for adverse possession in the jurisdiction. The best argument that Joe has not acquired title by adverse possession to the parking space he has used is
Zane owns a 10-acre tract of land (Forestacre), most of whic…
Zane owns a 10-acre tract of land (Forestacre), most of which is undeveloped forest. Zane only occasionally visits Forestacre, usually to fish in a small stream that runs through the southeastern portion of the parcel. Khole owns a small alpaca farm that abuts the northwest boundary of Forestacre. Because of a surveying error, Khole mistakenly thought that he also owned a 100-foot strip of Forestacre that bordered his farm. For the past ten years, Khole has entered this forested area and cut leaf-filled branches to feed his alpacas. Khole also regularly cleared the brush from the area and sometimes cut down trees for firewood. He even put up a small sign that read “Alpaca feeding zone.” Zane recently discovered Khole’s presence on Forestacre and instituted a quiet title action. Khole counterclaimed, seeking to have title to the 100-foot tract quieted in him. Which of the following is correct?
The nurse cares for a client diagnosed with ST-segment eleva…
The nurse cares for a client diagnosed with ST-segment elevated myocardial infarction (STEMI). An alteplace (tPA) infusion has been running at 0.1 mg/kg/hr for 90 minutes. The nurse notes no change in the ST segment and the client continues to report crushing chest pain. Which action should the nurse take FIRST?