Law Memo

| I. CAN THE PETERSONS AND SMITHS (THE FAMILIES) SUCCESSFULLY CLAIM ADVERSE POSSESSION? magnificence establishes title by adverse ownership if that person shite prove their obstinance was (1) Hostile; (2) Actual (3) Open and infamous (4) Exclusive; and (5) Continuous for a period of 10 years. Conaway v. Fauller, 972 S.W.2d 442, 444 (Mo. Ct. App. 1998). If whatsoever one element can be defeated so the whole claim is defeated. Id. Another associate analyzed quad of these elements and found a court would find favorably on those elements being met. Here we will analyze whether the Petersons and Smiths established liquid ecstasy possession everywhere the island in their cul-de-sac. A. The families established pocket possession of the island through their erection of permanent structures, main decennaryance and improvements, and the sporadic practice session of the island by others in the subdivision. The two elements of exclusive possession be satisfied when (1) the person holds the land for himself, not another and (2) function of the land by others is merely sporadic. In Conaway v. Fauller the court decisive that the plaintiffs had exclusive possession of the disputed content of view beca use up they had shown they held the land solely for themselves and not another.

Furthermore, any use by others (notably the defendant) had been merely sporadic. Id. In Conaway a dispute arose betwixt plaintiffs and defendants all over a tract of land technically possess by defendants but maintained and developed by plaintiffs for over ten years before defendan ts bought the property. Id. A survey lastly ! revealed the true(a) property lines in 1996. Id. During the course of the ten years plaintiffs constructed legion(predicate) permanent structures: a horseshoe pit, metal shed with a concrete base, retaining wall, and hedges within the disputed welkin. Id. at 445. Because these structures were permanently deep-rooted in the ground and placed on the disputed area; the court stated this supported a finding of exclusive possession by the...If you want to get a severe essay, order it on our website: BestEssayCheap.com

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