Siegel's Property: Essay and Multiple-Choice Questions and Answers by Brian N. Siegel & Lazar Emanuel
Author:Brian N. Siegel & Lazar Emanuel [Siegel, Brian N.]
Language: eng
Format: azw3
Publisher: Wolters Kluwer Law & Business
Published: 2014-03-16T16:00:00+00:00
Answer to Question 24
Important aspects:
Encroachment, boundary settlement, relative hardship doctrine, statutory period for adverse possession, spite fences.
Summary:
Both Betty and Arthur appear to have valid claims against the other. It appears that Arthur trespassed on Bettyâs property when Arthur tore down the fence separating their properties. However, the trespass may be rendered moot if Arthur can show that he gained title to the land based on adverse possession. Arthurâs success on this point may depend upon the statutory period for adverse possession in this jurisdiction as Arthur has only been in possession for five years. Alternatively Arthur could probably succeed in showing that the new fence should be recognized as the agreed upon boundary. Even if Arthurâs fence does encroach on Bettyâs party there is a strong likely hood that while he may have to pay Betty for the loss in the value of the land, it is unlikely that Arthur would be forced to take on the expense of tearing down and relocating the fence to the property boundary. On the other hand, Betty was likely within her rights to cut the branches of Arthurâs pecan tree and perhaps recover for the damages she sustained to her roof as a result of the falling pecans. Arthurâs rights against Betty with respect to Bettyâs fence would depend upon whether Bettyâs fence would be declared a spite fence (built solely to interfere with Arthurâs use and enjoyment). But Betty can likely show that a non-malicious reason for the fenceâto block the view of Arthurâs security cameras.
Answer:
(1) Betty v. Arthur:
(a) Arthurâs fence:
Betty will contend that Arthur trespassed when he tore down the old fence separating their properties. A trespass occurs when the defendant intentionally intrudes upon, beneath, or above the surface of the plaintiffâs land. (See Restatement (Second) of Torts, §159.) Here, Betty claims that the old fence that Arthur tore down was on her property. If true, then Arthur trespassed on her property when he entered her property without her consent and removed the fence. Although Arthur may claim that he did not intend to trespass, but mistakenly believed that he was on his own property, his mistaken belief is irrelevant. The intent element for trespass is satisfied by Arthurâs conscious, intentional act of removing the fence.
Arthur will claim, even if the fence is technically on Bettyâs property, that he has gained title to that strip of land by adverse possession, or in the alternative, that the fence is located on an agreed-upon boundary. The elements for adverse possession are satisfied where the adverse possessor enters upon and continuously and exclusively occupies anotherâs land in an open, notorious, visible, and hostile manner throughout the requisite statutory period. The building of a fence is generally sufficient to satisfy the open, notorious, continuous, and exclusive requirements. Arthur also can likely satisfy the hostility requirement. Most courts hold that one who possesses an adjoining landownerâs land, under the mistaken belief that he has only possessed up to the boundary of his own land, meets the hostility requirement.
Download
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.
Navigation and Map Reading by K Andrew(4538)
Spare by Prince Harry The Duke of Sussex(4177)
Tuesdays with Morrie by Mitch Albom(3810)
Cracking the GRE Premium Edition with 6 Practice Tests, 2015 (Graduate School Test Preparation) by Princeton Review(3582)
What It Really Takes to Get Into Ivy League and Other Highly Selective Colleges by Hughes Chuck(3211)
Goodbye Paradise(2935)
Never by Ken Follett(2842)
Pledged by Alexandra Robbins(2781)
Kick Ass in College: Highest Rated "How to Study in College" Book | 77 Ninja Study Skills Tips and Career Strategies | Motivational for College Students: A Guerrilla Guide to College Success by Fox Gunnar(2711)
A Dictionary of Sociology by Unknown(2512)
Graduate Admissions Essays, Fourth Edition: Write Your Way into the Graduate School of Your Choice (Graduate Admissions Essays: Write Your Way Into the) by Asher Donald(2469)
Sapiens and Homo Deus by Yuval Noah Harari(2395)
Get into Any College by Tanabe Gen Tanabe Kelly(2376)
Zero to Make by David Lang(2339)
The Social Psychology of Inequality by Unknown(2292)
500 Must-Know AP Microeconomics/Macroeconomics Questions(2231)
Machine Learning at Scale with H2O by Gregory Keys | David Whiting(2188)
Fairy Tale by Stephen King(2036)
Churchill by Paul Johnson(2000)