write a closed-research legal memo using the case cases given, addressing whether Mr. Adler can assert an adverse possession claim to Scrub Lot 40. Please write up your memo using the issue, brief answer, statement of facts, discussion, conclusion format. In the discussion section, make sure identify the elements required to prove adverse possession and make references to Coward v. Hunto, Franklin Oil Company v. Herder and Eves v. Amicableidentify the elements required to prove adverse possession and reference. Then, for each element of adverse possession, clearly explain how Mr. Adler has (or hasn't) satisfied that element and any opposing arguments that may exist.

      

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From: Ernest Smith, Senior Partner To: Summer Clerk Subject: Facts of Adler v. Auslander adverse possession case Hello Summer Clerk! We have a client who has an issue of adverse possession. The client is Frank Adler, a citizen of the town of Franklin City, here in the state of Franklin. Frank lives about 40 miles outside of town. I met with him this morning. Here are the important facts and quick background on the case: Mr. Adler owns the old 800-acre Rambling Ranch property about 40 miles outside of town. He is now involved in a dispute over an adjoining piece of land that he says he bought in September 1999, at the same time that he purchased the Rambling Ranch property. Mr. Adler bought the Rambling Ranch property from Mr. Rob Pryor, who is now deceased. According to Mr. Adler, when Pryor sold him the Rambling Ranch property, it was all properly fenced and bounded, but Pryor also told him the sale included the large unfenced 40-acre tract of scrub land adjacent and immediately to the east of the Rambling Ranch. It wasn't much good for growing anything, Pryor told Mr. Adler, but was suitable for grazing a small herd of cattle nine months out of the year, except during the winter months when it got really cold. In fact, Pryor described this tract to Mr. Adler as the "Scrub 40 Lot." Mr. Adler showed me his deed, but unfortunately the deed only describes the Rambling Ranch area and says nothing about "Scrub 40 Lot." The deed does not refer at all to the adjacent land to the east of Rambling Ranch, nor say the Scrub 40 Lot is included in the sale. When I asked Mr. Adler if he had ever read the deed from Mr. Pryor to see what it actually contained, he replied that he tried to read it at the time Pryor gave it to him "for a look," but it was full of what he called "legalese" that he didn't understand. He remembers saying it all looked "good and fine," and he has always assumed the deed included the adjacent land. In fact, because he believed it included the Scrub 40 Lot, he has always grazed his cows on the Scrub 40 Lot since 1999. After further questioning, Mr. Adler admitted he only grazed his cows on Scrub 40 Lot about nine months out of the year. He says that because of the harsh Franklin winters, he always moves his cows into the Rambling Ranch's large heated livestock barns for the winter months. Mr. Adler told me that last week, while he was out with his cows on Scrub 40 Lot, a lady by the name of Audrey Auslander stopped her car, got out, and asked Mr. Adler what he was doing with those cows on her land, which she referred to as "Scrub 40 Lot." When Mr. Adler tried to assure her that he owned Scrub 40 Lot, she pulled out a photocopy of a deed, signed by Rob Pryor, which granted her the land described as "Scrub 40 Lot" in September 1998. She said that after she bought that land from Pryor, she returned to her home in Australia. As she explained to Mr. Adler, Ms. Auslander loved ostriches, and she intended to one day use the 40- From: Ernest Smith, Senior Partner To: Summer Clerk Subject: Facts of Adler v. Auslander adverse possession case Hello Summer Clerk! We have a client who has an issue of adverse possession. The client is Frank Adler, a citizen of the town of Franklin City, here in the state of Franklin. Frank lives about 40 miles outside of town. I met with him this morning. Here are the important facts and quick background on the case: Mr. Adler owns the old 800-acre Rambling Ranch property about 40 miles outside of town. He is now involved in a dispute over an adjoining piece of land that he says he bought in September 1999, at the same time that he purchased the Rambling Ranch property. Mr. Adler bought the Rambling Ranch property from Mr. Rob Pryor, who is now deceased. According to Mr. Adler, when Pryor sold him the Rambling Ranch property, it was all properly fenced and bounded, but Pryor also told him the sale included the large unfenced 40-acre tract of scrub land adjacent and immediately to the east of the Rambling Ranch. It wasn't much good for growing anything, Pryor told Mr. Adler, but was suitable for grazing a small herd of cattle nine months out of the year, except during the winter months when it got really cold. In fact, Pryor described this tract to Mr. Adler as the "Scrub 40 Lot." Mr. Adler showed me his deed, but unfortunately the deed only describes the Rambling Ranch area and says nothing about "Scrub 40 Lot." The deed does not refer at all to the adjacent land to the east of Rambling Ranch, nor say the Scrub 40 Lot is included in the sale. When I asked Mr. Adler if he had ever read the deed from Mr. Pryor to see what it actually contained, he replied that he tried to read it at the time Pryor gave it to him "for a look," but it was full of what he called "legalese" that he didn't understand. He remembers saying it all looked "good and fine," and he has always assumed the deed included the adjacent land. In fact, because he believed it included the Scrub 40 Lot, he has always grazed his cows on the Scrub 40 Lot since 1999. After further questioning, Mr. Adler admitted he only grazed his cows on Scrub 40 Lot about nine months out of the year. He says that because of the harsh Franklin winters, he always moves his cows into the Rambling Ranch's large heated livestock barns for the winter months. Mr. Adler told me that last week, while he was out with his cows on Scrub 40 Lot, a lady by the name of Audrey Auslander stopped her car, got out, and asked Mr. Adler what he was doing with those cows on her land, which she referred to as "Scrub 40 Lot." When Mr. Adler tried to assure her that he owned Scrub 40 Lot, she pulled out a photocopy of a deed, signed by Rob Pryor, which granted her the land described as "Scrub 40 Lot" in September 1998. She said that after she bought that land from Pryor, she returned to her home in Australia. As she explained to Mr. Adler, Ms. Auslander loved ostriches, and she intended to one day use the 40-

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Answer Legal Memorandum To Ernest Smith Senior Partner From Summer Clerk Date Date Subject Analysis of Adverse Possession Claim by Mr Adler to Scrub 40 Lot I Issue Can Mr Adler assert an adverse posse... View the full answer