Missed Exam Questions Flashcards

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1
Q

Can a co-tenant acquire sole ownership of a co-owner property through adverse possession>?

A

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).

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1
Q

Can an easement be terminated by merger if there are any future interests?

A

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.

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2
Q

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.

A

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.

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3
Q

A judgement creditors Purchasers for value?

A

No since the attachment of a judgement lien to a debtors prop is merly security for a preexisting debt - not payment for value.

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