Leo leased a building to Theresa that Theresa used as a restaurant. Leo also owned adjacent property that he leased to Tri-State Auto Parks as a parking lot. Shortly after Theresa started her restaurant she began using a strip of the land leased to Tri-State for the storage of garbage. This strip, approximately 5 feet by 48 feet, was adjacent to Theresa's building. Tri-State did not object to this practice and later erected four iron posts marking the strip. Several years later the municipal Health Department informed Theresa that she could not continue the unenclosed storage of garbage on the strip because of the odor and fire danger. Theresa unsuccessfully negotiated with Tri-State for additional space, and then, with the approval of Leo, began construction of an extension of her building that enclosed the strip. One week after the work began, Tri-State's attorney sent a letter to Theresa protesting the encroachment and demanding that the work be stopped. Theresa, however, was on a three month vacation on a remote island in the South Pacific and could not be reached. The building was completed six weeks later. Tri-State stopped paying the rent, which was $3,000 per month, and Leo is suing for the rent. Discuss the rights of the parties.

Answer rating: 100% (QA)

In the given scenario there are several parties involved Leo the property owner Theresa the tenant operating a restaurant and TriState Auto Parks the ... View the full answer