Farmer Fred died in 1933 and in his will named his three sons,Ted,Ned,and Ed,owners of his farm as tenants in common.Ted and Ned were city slickers,but Ed lived on the farm and worked it from 1933 until the present.Ted and Ned gave Ed permission to live on the farm and keep the profits.Ed paid all property taxes and repair bills.Ted and Ned decided in 1990 that they wanted to retire and live on the farm.Can Ed claim sole ownership of the farm by adverse possession?

Question

Quizplus · Accepted Answer

Under the given circumstances Ed cannot claim sole ownership of the farm by adverse possession because Ed's possession was not hostile.To acquire title by adverse possession,a person must possess land in a manner that puts the true owner on notice that he has a cause of action against that person.There must be actual occupancy that is hostile to the real owner's title,with an open claim to title (i.e.,not with the owner's permission)continuously for the statutory period.

Farmer Fred Died in 1933 and in His Will Named