Question

1. Was 2 North’s use “notorious” given the fact that it is likely that Getty didn’t realize that the land strip was on their property? What does one have to do to use property in a “notorious” fashion?
2. Should Getty be compensated for the strip of land taken by adverse possession? Should there be an offset for all of the money invested by 2 North in maintenance?

2 North Street (2 North) is a corporation that owned a parcel of real estate used for a shopping center and a parking lot. Getty owned the adjacent lot and had operated a gas station. A fence runs close to the boundary line between the properties, but lies entirely on Getty’s property. A narrow 0.129-acre strip of land between the boundary line and the fence exists. 2 North maintained the strip of land from the time the company purchased the property including 23 years of maintenance plus 2 North planted vegetation, removed rubbish and debris, and deposited snow. 



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  • CreatedNovember 06, 2014
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