A Question of Ethics—Adverse Possession. Alana Mansell built a garage on her property that encroached on the property of her neighbor, Betty Hunter, by fourteen feet.

Hunter knew of the encroachment and informally agreed to it, but she did not transfer ownership of the property to Mansell. A survey twenty-eight years later confirmed the encroachment, and Hunter sought the removal of the garage.

Mansell asked a court to declare that she was the owner of the property by adverse possession. [Hunter v. Mansell, 240 P.3d 469 (Colo.App. 2010)] (See pages 939–940.)

1. Did Mansell obtain title by adverse possession? Would the open occupation of the property for nearly thirty years be in Mansell’s favor? Why or why not?

2. Was her conduct in any way unethical? Discuss.