60%(5)3 out of 5 people found this document helpful
This preview shows page 2 - 5 out of 10 pages.
Explain your answer choice2
3. In June of 1990, Barbara’s parents died in a car crash and left their entire estate to her, including a 20 acre parcel of undeveloped land in Connecticut. She was ten (10) years old at the time. Later that same month, Ken entered the 20 acre parcel and set up a campsite on one (1) acre. He added a small rock fence around the entire campsite and posted a sign that read “No trespassing.” Barbara was made aware of Ken’s activity that year when a friend delivered a picture of the campsite to her. The fence and sign were clearly visible in the picture. Over the next 10 years, Ken returned to the same spot once each year to camp and continued to cultivate the enclosed area. The following statute applies in Connecticut.Sec.52-575.Entry upon land to be made within ten (10) years. (a) No entry shall be sufficient, unless within such 10-year period, anyperson or persons claiming ownership of lands and the right of entry andpossession thereof against any person or persons who are in actualpossession of such lands or tenements, gives notice to dispute the right ofpossession (b)If any person who has such right or title of entry into any lands ortenements is, at the time of the first descending or accruing of such right ortitle, a minor under the age of 18 years, non compos mentis or imprisoned,he and his heirs may, notwithstanding the expiration of such 10 years, makesuch entry and serve and record such notice at any time within five (5) yearsnext after full age, coming of sound mind or release from prison, make suchentry and serve and record such notice, and take benefit of the same.Which of the following is most accurate?A.Ken held title to the land at issue in July of 2000.B.Barbara held title to the land at issue in July of 2000.C.Barbara was required to enter the land and eject Ken prior to July 2000 to protect her interest in the campsite acreage.D.Barbara had until July of 2008 to enter the land and eject Ken to protect her interest inthe campsite acreage.Explain your answer choice3
4. Claudia purchased a home in 1990. She built a metal fence around the perimeter of her parcel. The area enclosed included a strip of land that actually belonged to the adjacent landowner. After20 years the metal fence eroded until it ultimately fell to the ground. She removed the pieces and left the area open. In 2013, ABC Medical Inc., purchased the lot next door to Claudia and had theproperty surveyed. The surveyor staked out the lot with posts, and shortly thereafter, ABC began construction of a large children’s medical hospital on a portion of land where Claudia’s fence existed prior to its decay. Claudia was away during the construction, but arrived back home shortly after it was completed. She immediately demanded that ABC remove the building or compensate her for taking her land. What is the most likely outcome if the common law rules for adverse possession are applied to these facts?