Owen owned a small isolated tract of land called Green Acres near a beautiful mountain lake that
Question:
Owen owned a small isolated tract of land called Green Acres near a beautiful mountain lake that was accessible only during the summer months. In July 2000, Owen gave Adler oral permission to camp on Green Acres for "the month of July, but that's it." Adler liked the isolated spot so much he built a cabin on the land, fenced in the tract, and stayed there during the summer months for the next 10 years. He did not tell Owen, nor did Owen ever visit the tract as he lived in another state.
Adler continued to spend three months during the summer season in the cabin, until 2010, when Adler sold the cabin to Sara by a deed conveying "all I own and whatever I own in Green Acres to Sara." Sara stayed in the cabin for three months every summer, until she died in September 2017, leaving her son Sam as her only heir. Owen died in January 2018. After Owen's heirs visited the tract, they sued to have the cabin and tract of land called Green Acres declared theirs. The period to acquire title by adverse possession in the jurisdiction is 15 years, and the jurisdiction allows tacking.
How should the court rule?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts