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MMLU / A farmer, being fee simple owner of a farm, devised it to his niece and her…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A farmer, being fee simple owner of a farm, devised it to his niece and her husband as tenants by the entirety. The niece and her husband took immediate possession of the farm and lived there with their daughter and son. Thereafter, the husband died in an automobile accident. In 1972, two years after her father's death, the daughter moved to another state. The son lived with his mother on the farm until her death intestate in 1980. The son continued in exclusive possession of the farm until his death in 2001. In his will, the son devised the farm to a local charity. When he was alive, the son was unaware that his sister was still alive and that title to the farm had descended to the two of them as their mother's sole surviving heirs. Since his mother's death in 1980, the son has held himself out as the owner of the farm, maintaining it and paying all of the taxes on the property. The sister had not communicated with either her mother or her brother since her redomiciling in 1972. The jurisdiction in which the farm is located has a 20-year limitation period for the acquisition of property by adverse possession. What interest, if any, does the sister have in the property?

choices

  1. None, because of her own laches.
  2. None, because the brother acquired title to the farm by adverse possession.
  3. An undivided one-half interest because the brother's possession was not adverse to her title.
  4. An undivided one-half interest because the 20-year limitation period did not run against her because she was unaware of the brother's exclusive possession.

subject

professional_law

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Source and history

task_id
94eeb1f1-dfec-5810-bf6b-6e1f22036bd7
task_key
all--test--94eeb1f1-dfec-5810-bf6b-6e1f22036bd7
task_revision_id
1
config / split
all / test

Official source

initial import