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MMLU / Fifteen years ago, two men who were fishing buddies moved onto vacant rural land…

Problem

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question

Fifteen years ago, two men who were fishing buddies moved onto vacant rural land owned by a woman they didn't know and built a small fishing shack on it. Twelve years ago, the men replaced the shack with a fish processing plant and a commercial fishing boat dock. The men maintained their commercial fishery operation on the land until one of them died intestate last year, leaving a sole heir. The period of time to acquire title by adverse possession in the jurisdiction is 10 years. The woman has now become aware of the changes that have occurred on the land. In an action to determine title, for whom should the court decide?

choices

  1. For the man who is still alive and the deceased man's heir, because the men acquired title as tenants in common.
  2. For the man who is still alive, because he is the surviving adverse possessor.
  3. For the woman, because the use was changed by the men while they were in possession.
  4. For the woman, because title cannot be claimed by two adverse possessors simultaneously.

subject

professional_law

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Source and history

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