Albert owns 2 acres on a home site lot on a main road and Bobby owns an acre behind Albert's lot (no direct access to the main road, except for a dirt driveway). This driveway runs past Albert's lot on the edge and Bobby started using it as a driveway to the main road in September 1980. The driveway went from dirt road to gravel driveway over the years, and Bobby had the driveway paved in 2000. Albert keeps to himself but every now and then walks up the driveway to get to the back of his lot and also uses it to have a water truck fill the pool in the back of his lot.

 

In 2006, Bobby went to court and filed a complaint to obtain a deed to the driveway property by adverse possession. When the case was heard, Bobby testified that Albert never gave permission to Bobby to use that property as a driveway. Albert testified that he didn't recall ever speaking to Bobby or Bobby's wife over the years. Albert testified that Bobby travelled quite a bit, presumably for both his job and for pleasure, and there would be months when only a dog sitter would be at Bobby's house.

 

a. List the requirements for obtaining real property by adverse possession and apply the facts of this case to them.

 

b. Would the court rule in favor of Bobby? Why or why not?

Answer rating: 100% (QA)

a Requirements for Adverse Possession and Application to the Case 1 Actual and Exclusive Possession Application Bobby used the driveway for decades in... View the full answer