Case Problem with Sample Answer—Adverse Possession. The McKeag family operated a marina on their lakefront property in Bolton, New York. For more than forty years, the McKeags used a section of property belonging to their neighbors, the Finleys, as a beach for the marina’s customers. The McKeags also stored a large float on the beach during the winter months, built their own retaining wall, and planted bushes and flowers there. The McKeags prevented others from using the property, including the Finleys. Nevertheless, the families always had a friendly relationship, and one of the Finleys gave the McKeags permission to continue using the beach in 1992. He also reminded them of his ownership several times, to which they said nothing.

The McKeags also asked for permission to mow grass on the property and once apologized for leaving a jet ski there. Can the McKeags establish adverse possession over the statutory period of ten years? Why or why not? [McKeag v. Finley, 939 N.Y.S.2d 644 (N.Y.App.Div. 2012)] (See pages 939–940.)

—For a sample answer to Problem 36–6, go to Appendix H at the end of this text.