Chapter 26, Problem 8BCP

(a)

Summary Introduction

Case summary: Person B owned a single-family residential lot in the county. The lot was adjacent to the railway road and the county acquired the right to the way from the railroad. The predecessor of B’s property had constructed the fence and shed on the railway road. The county court ordered him to remove the fence and the shed because it disturbed the right of way. He argued in the appellate court that the fence had been in the way for the last twenty years. The appellate court ultimately concluded the case that B had a credible claim for adverse possession. After, the appellate court reversed its decision.

To find: Parties and the conflict in the given case.

(b)

Summary Introduction

Case summary: Person B owned a single-family residential lot in the county. The lot was adjacent to the railway road and the county acquired the right to way from the Railroad. The predecessor of B’s property had constructed the fence and shed on the railway road. The county court ordered him to remove the fence and shed because it disturbed the right of way. He argued in the appellate court that the fence had been in the way for the last twenty years. The appellate court ultimately concluded the case that B had a credible claim for adverse possession. After, the appellate court reversed its decision.

To find:Requirement of the rule of law on which the outcome of the case depends.

(c)

Summary Introduction

Case summary: Person B owned a single-family residential lot in the county. The lot was adjacent to the railway road and the county acquired the right to the way from the railroad. The predecessor of B’s property had constructed the fence and shed on railway road. The county court ordered him to remove the fence and shed because it disturbed the right of way. He argued in the appellate court that the fence had been in the way for the last twenty years. The appellate court ultimately concluded the case that B had a credible claim for adverse possession. After, the appellate court reversed its decision.

To find:Exception to the rule and its non-applicability in the given case.

(d)

Summary Introduction

Case summary: A person B owned a single-family residential lot in the county. The lot was adjacent to the railway road. Three years later, the county acquired the railway road for the right to way and established the hiker bike route. The previous owner of B’s lot had constructed the fence and shed on the railway road. The county court ordered him to remove the fence and shed because it disturbed the right of way. He argued in the appellate court that the fence had been in the right of way for the last twenty years. The appellate court ultimately concluded the case that B had a credible claim for adverse possession. After, the appellate court reversed its decision.

To find: The judgment by applying the rule of law.