#T3BE 306 - Early Results for Patrons
Added 2022-12-15 01:00:01 +0000 UTCIt's (B). Thomas picked (A), which sucks for him and his streak, and drops him to 162-for-306 (52.9%).
Comments
IMO, the goal of the question is to test the elements of Adverse Possession (AP). Although codified by most states, at common law (CL), a successful AP claim required one to demonstrate possession of property that is: actual, visible, open, notorious, exclusive, continuous, hostile, and under a cover or claim of right for a particular amount of time (usually 15 years). In most jurisdictions, "actual" possession = occupying the land - as opposed to possession via mere title. It's arguable whether keeping the property clean is *sufficient* evidence of "actual" possession...but it's at least *some* evidence to demonstrate that particular element. A is an attractive answer, but showing possession itself will not be helpful to the Diet Food Co.'s Quiet Title claim. C & D are red herrings. [Source, I am an attorney]
2022-12-15 17:30:04 +0000 UTCMy reasoning... I think possession without demonstrable action to maintain the property could still be construed as a form of abandonment. By keeping the property clean, Diet Foods Co. indicates that they intend to use it for some productive application. If the man who purchased the property has not maintained or improved it, then Diet Foods Co. might have a claim that they should assume possession, and, ultimately, ownership.
2022-12-15 02:27:17 +0000 UTCOh shoot! I think we both missed this one, can't wait to hear the reasoning behind this. I'm guessing the "actual" means an acting role in the caretaking (cleaning) of the property? Have a fantastic evening gentlemen!
MajorMinorGolf
2022-12-15 01:06:08 +0000 UTC
