Missed Exam Questions Flashcards
Can a co-tenant acquire sole ownership of a co-owner property through adverse possession>?
Yes, if they oust the other co-tenants by preventing them from using or accessing the property (and meet all the other requirements for adverse possession).
Can an easement be terminated by merger if there are any future interests?
No, where there is a future interest, use of the easement is suspended until the future-interest holder becomes entitled to possession.
Specific fact pattern, look for a person with a life estate conveying property, but there is a future interest.
If a person enters property under color of title and actually posessess a reasonable portion of the prop for the stat period do they have constructive adverse possession and to what part of the prop? 3 cabin problem.
Yes, they have constructive adverse possession, which give them title to the ENTIRE Prop.
Hinges on them using a reasonable portion of the prop. for the stat. period.
A judgement creditors Purchasers for value?
No since the attachment of a judgement lien to a debtors prop is merly security for a preexisting debt - not payment for value.