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Adverse Possession

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Adverse Possession
Juan Feliciano
Week 4 BA260
12/29/2014
James Scurlock

When looking into the case between Danny and Lisa I do believe that Lisa does have a defense against Danny. We will look at the four elements of adverse possession where I feel that Lisa will win her case against Danny. Adverse possession is a means of obtaining the title to land without delivery of a deed. Lisa is considered the adverse possessor. Both Lisa and Danny did not know about the property before all of this happened. For the property to be held adversely, first it has to show that possession must be actual and exclusive, which means that the possessor has to take sole physical occupancy of the property. It stated that Lisa did frequently use the gazebo and once it was built she placed a fence between her and Danny’s yard. This is a great example of taking sole physical occupancy since she did use the gazebo multiple times and placed a fence around it, pretty much taking ownership of the property. Next the possession must be open, visible and notorious, which means that it has to be conspicuous that the owner can presume to know of it. I’m pretty sure that Danny knew of this since he is Lisa’s neighbor and since they did not have a fence beforehand the gazebo could be easily seen, by Danny and other neighbors. Also the possession must be continuous and peaceable for the required period of time. This means that Lisa must not have been interrupted in the occupancy by the true owner, Danny or by the courts. So since there is nothing showing that Danny said or even attempted to do anything regarding the property line within the 10 year window then he has not foot to stand on in court. Lastly the possession must be hostile and adverse, which means Lisa must claim the property against the whole world. She cannot be living on the actual property with the permission of the owner

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