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MARCH 2009 BUSINESS LAW CHAPTER 49 DEBRA BARONE ANSWERS TO QUESTIONS AND CASE PROBLEMS 1. Adverse possession is actual, visible and notorious, exclusive, hostile and continous for a required period of time, usually 21 years. The court found that Johnson satisified thse requirements. 2. The court found against the Bunns. The apartment complex had given rights to the original owner to use the pool but this was not stated in the contract between the Bunns and the former owner. This right can not be transferred to a new purchaser of the land. 3. There was a delivery of the deed according to the court. The court states that actual manual delivery and change of possession are not always required in order to constitute an effectual delivery. The intention of the grantor is the determining factor. J.M. Fernandez intended to deliver the deed but he died. 4. The theory is that the children were invitees and the Kosinski’s are liable. I actually fell in someone’s driveway while attendedin ghteir garagfe sale. I broke my foot, sued them and won. The reason: I was an invitee. Also, in this case, the children were actively and persistently doing this as it was attractable but dangerous. 5. a. personal property b. fixtures c. trade fixtures d. trade fixtures e. personal property 6. Adverse possession starts off as a trespass and then evolves into ownership. 7. Yes, it should be canceled because there is nothing owed on it! The title should be free and clear. 8. The deed was void. It was never delivered by Miller to Zieg with the intent that it should be effective at that time. The fact that she obtained possession of the deed after his death had no significance because a delivery must be made while the grantor lives.
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This note was uploaded on 04/22/2011 for the course FINANCE BUSINESS L taught by Professor Daviddubois during the Spring '09 term at SUNY Empire State.

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