Question: For assigned case, analyze the issue based on the following criteria: Identify the parties involved in the case dispute (who is the plaintiff and who
- For assigned case, analyze the issue based on the following criteria:
- Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
- Identify the facts associated with the case and fact patterns.
- Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case - be clear.
- Support your decision with an appropriate rule of law.
- Be prepared to defend your decision and to objectively evaluate the other points of view.
case :
Bogy and Hass each own adjoining pieces of farmland. A portion of Bogys property has long been accessed by a road that passes through Hasss property. Herbert Bogy, his sons, and farming tenants have used that access since 1972. They made improvements to the road by installing a steel pipe. They never received permission to use the property. In 2008, Hass bought the adjoining property where the road lies, and in October 2011, he blocked Bogys access to the road. Bogy filed a complaint, and after a bench trial, the circuit court entered an order granting him a prescriptive easement. Hass appealed and argued that the court erred by ruling that Bogys use of the road had been adverse, thereby entitling him to an easement. Do you think Bogy is entitled to a prescriptive easement? Why or why not? [The Willows, LLC and The Willows II, LLC, v. Herbert B. Bogy, Juanita L. Bogy, and Herbert B. Bogy and Juanita L. Bogy Revocable Trust, 2013 Ark. App. 59; 2013 Ark. App. LEXIS 66 (2013).]
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
