Property Law Keyed to Cribbetback
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A doctor and a lawyer owned adjoining parcels of land. Ten years ago, the doctor installed a swimming pool on her land. The doctor obtained the lawyer’s oral consent to run plumbing from the pool across part of the lawyer’s land. Last year, the lawyer sold his land to a buyer. The buyer wants to plant a garden on the land under which the doctor’s plumbing runs, and wants to eject the doctor and quiet title. The statute of limitations for ejectment is seven years.
With respect to the land under which the plumbing was laid:CorrectIncorrect
Twenty-five years ago, a man purchased a vacant tract of land from a woman. Unbeknownst to the man, the woman did not own the land. Someone else owned the land in fee simple. Shortly after the purchase, the man built a house on the northwest corner of the tract, leaving the rest of the tract vacant. Recently, the actual owner of the tract died, still without knowledge that the man had built a house on the northwest corner of the tract. The actual owner’s will left all of his property to his son. The relevant statutory period for adverse possession is 20 years.
If the man brings suit to quiet title to the tract he had purchased 25 years ago, the court should decide that:CorrectIncorrect
An investor owned a parcel of land subject to a covenant prohibiting construction of a two-story residence in order to protect the view from the neighbor’s adjoining lot. The investor’s parcel was also benefited by an easement in a driveway that ran over the adjoining lot to the investor’s property. Fifteen years ago, a trespasser entered the investor’s land and constructed a two-story residence. The trespasser also used the driveway over the adjoining lot to access the residence. Last month, the neighbor sold his lot to a buyer by a deed containing the covenant but omitting the easement. The buyer contacted her lawyer regarding her right to recover damages for the obstructed view caused by the two-story residence and to prohibit the trespasser from using the driveway. The period of time necessary to establish title by adverse possession in the jurisdiction is 10 years.
What should the lawyer tell the buyer concerning the enforceability of the covenant and the trespasser’s right to use the driveway?CorrectIncorrect
A homeowner lived next door to a vacant lot owned by another neighbor. From the time the homeowner purchased his own property, he told other people that he owned the vacant lot. The homeowner had an underground dog fence installed under the vacant lot without the neighbor’s knowledge. The homeowner also mowed the vacant lot regularly in the summer. When he had landscaping services performed on his own property, the landscapers dug up vegetation beds, which extended three feet into the neighbor’s lot. After the statutory period for bringing a trespass action had passed, the homeowner brought an action to quiet title, claiming owner- ship of the vacant lot.
Which of the following additional facts, if true, would be most helpful to the homeowner’s case?CorrectIncorrect
A man owned a tract of land in fee simple. Fifteen years ago, he built a barn on five acres that he believed were part of his property. One year later, the man discovered that the five acres on which he had built his barn were not part of his property. The five acres actually belonged to a woman. The next year, the woman died, leaving all of her property to her one-year-old daughter. Now the man brings a quiet title action against the daughter. The statutory period for adverse possession in this jurisdiction is 10 years.
Who will prevail?CorrectIncorrect
A sister and brother obtained title to Blackacre as tenants in common in 1970. The sister began constructing a house on Blackacre in 1973 and has occupied the house continuously since it was completed in 1977. The brother has never seen Blackacre. In 1995, the sister asserted an action to obtain title to Blackacre in fee simple. A local ordinance provides that the period to satisfy adverse possession is twenty years. Is the sister likely to prevail in her action?CorrectIncorrect