Law Memo

| I. CAN THE PETERSONS AND SMITHS (THE FAMILIES) SUCCESSFULLY CLAIM ADVERSE POSSESSION? sense datum establishes title by adverse ownership if that person fundament prove their ownership was (1) Hostile; (2) Actual (3) Open and infamous (4) Exclusive; and (5) Continuous for a period of 10 years. Conaway v. Fauller, 972 S.W.2d 442, 444 (Mo. Ct. App. 1998). If some(prenominal) one element can be defeated thus the whole claim is defeated. Id. Another associate analyzed quaternary of these elements and found a court would find favorably on those elements being met. Here we will analyze whether the Petersons and Smiths established pocket possession everywhere the island in their cul-de-sac. A. The families established pocket possession of the island through their erection of permanent structures, main decennaryance and improvements, and the sporadic physical exertion of the island by others in the subdivision. The two elements of scoop shovel posse ssion ar satisfied when (1) the person holds the land for himself, not another and (2) function of the land by others is merely sporadic. In Conaway v. Fauller the court unhesitating that the plaintiffs had exclusive possession of the disputed field of study of view beca hire they had shown they held the land solely for themselves and not another.

Furthermore, any use by others (notably the defendant) had been merely sporadic. Id. In Conaway a dispute arose among plaintiffs and defendants over a tract of land technically have by defendants but maintained and developed by plaintiffs for over ten years before defenda nts bought the property. Id. A survey ultim! ately revealed the true(a) property lines in 1996. Id. During the course of the ten years plaintiffs constructed many another(prenominal) permanent structures: a horseshoe pit, metal shed with a concrete base, retaining wall, and hedges within the disputed sports stadium. Id. at 445. Because these structures were permanently ingrained in the ground and placed on the disputed area; the court stated this supported a finding of exclusive possession by the...If you want to get a serious-minded essay, order it on our website: OrderCustomPaper.com

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