Property

Question 1

To establish title by adverse possession, the occupier must show:

Answer 1

(i) An actual entry giving exclusive possession that is (ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period.

Question 2

If the occupier enters with the owner’s permission, her possession may become adverse only once

Answer 2

she makes it clear to the owner that she is claiming it hostilely

Question 3

Under the doctrine of constructive eviction, if the landlord’s breach (i.e., doing an act or failing to provide some service that he has a legal duty to provide) makes the premises untenantable, the tenant may terminate the lease and also may seek damages if the following conditions are met:

Answer 3

(i) The breach must be by the landlord or by persons acting for him. (ii) The breach must substantially and materially deprive the tenant of her use and enjoyment of the premises (e.g., flooding, absence of heat in winter). (iii) The tenant must give the landlord notice and a reasonable time to repair. (iv) The tenant must vacate the premises within a reasonable time.

Question 4

A person whose interest in land gives him the right to use someone else’s land independent of his ownership or possession of his own tract holds an

Answer 4

easement in gross