Question: Carson s roommate kicks him out, so Carson pitches a tent on a piece of property at the edge of town that is owned by
Carsons roommate kicks him out, so Carson pitches a tent on a piece of property at the edge of town that is owned by Newton. Newton lives in another city and rarely visits the property. After Carson lives there a while, he builds a small shed on the property in which to live. Newton makes a rare visit and discovers Carson living on his property. Newton makes Carson leave the property and tells Carson not to return. Once Newton is gone, Carson goes back to the property and resumes living there. After a few years, Carson makes other improvements on the property, building a better home to live in and planting a garden. Years go by and Newton never returns, so Carson continues his possession of the property. After twenty years, Carson files for title to the land by adverse possession. Carson will:
not be able to claim title by adverse possession because Newton discovered Carson on Newtons property and made him leave.
not be able to claim title by adverse possession because his possession of the property was not hostile and adverse.
be able to claim title by adverse possession because he made improvements on the property and has possessed the property for the required amount of time.
be able to claim title by adverse possession because he has had possession for the required amount of time, the possession was open and visible, continuous and peaceable.
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