Seventeen years ago, a property owner granted a sewer -line easement to private sewer company. The easement allowed to company to build and maintain and use underground sewer line in a designated sector of the owner's three-acre tract. The easement was properly recorded with local registrar of deeds.

Fifteen years ago, a man having no title or other interest in the owner's three acre tract wrongfully entered the tract, build a cabin, and planted a vegetable garden. the garden was directly over the sewer line constructed personal to the easement the owner had granted to the sewer company. The cabin and garden occupied half an acre of the three-acre tract. The man moved into the cabin immediately after its completion and remained in continuous and exclusive possession of the cabin and garden until the death. However, he did not use the remaining two and one-half acaras of the tract 

Seven years ago, the man's sister executed and delivered to a buyer a general warranty deed stating that it conveyed the entire three-acre tract to the buyer. The deed contained all six title covenants. Since this transaction, the buyer has continuously occupied the cabin and gurden but has not used the remaining two and half acaras.

A state provides that "any action to recover the possession of real property must be brought within 10 years after the cause of action accrues"

Last month, the property owner sued the buyer to recover possession of the three-acre tract.

1. Did buyer acquire tittle to the three-acre tract or any portion of it Explain
2. Assuming that the buyer did not acquire title to the tire three-acre tract, can the buyer recover damages from the sister who sold him the three-acre tract? Explain
3. Assuming that the buyer acquired tittle to the entire three-acre tract or the portion above the sewer line easement, can the buyer compel the sewer company to remove the sewer line under the garden? explain

Answer rating: 100% (QA)

Lets analyze the legal implications of the given scenario 1 Did the buyer acquire title to the threeacre tract or any portion of it Analysis The buyer ... View the full answer