Question
Adler, who loved cross country skiing, bought a cabin on a wooded lot in a remote part of northern Alaska that he intended to use
Adler, who loved cross country skiing, bought a cabin on a wooded lot in a remote part of northern Alaska that he intended to use as his base for year-round cross-country skiing for the rest of his life. However, in June 1999, he was severely injured in an automobile accident, and his doctor told him his cross-country skiing days were likely over for good. In November 1999, his good friend and cross-country skiing buddy, Oscar, asked Adler if he could use his cabin as a base for his cross-country skiing through the end of the year. He promised to be out by January 1, 2000. Adler gave Oscar written permission to use his cabin, but only for the rest of the year, as he was planning to put it up for sale in January of 2000.
Oscar, recently retired, liked the cabin so much he decided to stay there until Adler told him to move or someone kicked him off the property. In the meantime, Adler put the cabin and land up for sale in January of 2000, but never received any interest in the property. Oscar, not hearing anything from Adler after January 1, 2000 had passed, spent the next two weeks building a five-foot high barbed-wire fence around the property to keep out the occasional Grizzly Bears that wandered onto his porch looking for food.
Still not hearing from Adler, Oscar stayed on the property continuously, never leaving the remote cabin in the wilds of Alaska until he died in 2012. Adler died soon thereafter in January 2013, leaving the cabin in Alaska to Adler Jr., his son, a minor at the time. Adler Jr. did not visit the cabin until January 2018 to celebrate his 21st birthday with some friends of his for a cross-country skiing party, when he discovered that Oscar Jr., who had inherited the property from his father in 2012, was living there behind his five-foot high fence. The cabin had been turned into a very profitable 12 unit skiing lodge, with a hot tub and heated pool for guests to enjoy year-round.Adler Jr. brings suit to evict Oscar Jr. as a trespasser and have the land and all the improvements on it declared legally his and his alone. The period to acquire title by adverse possession in the jurisdiction is 15 years, and the jurisdiction follows modern common law and allows tacking. How should the court rule on Adler Jr.'s suit?
A. The land and all improvements made by Oscar belong to Adler Jr. because Oscar's adverse possession period was tolled by Adler's death in 2013.
B. The land and all the improvements made by Oscar belong to Oscar Jr. as the jurisdiction allows tacking.
C. The land and all improvements made by Oscar belong to Adler Jr. because the jurisdiction follows the traditional common law approach on ameliorative waste.
D. The land and all the improvements made by Oscar belong to Oscar Jr. as the jurisdiction follows the traditional common law rule for trade fixtures.
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Step: 1
The court should rule B The land and all the improvements made by Oscar belong to Oscar Jr as the jurisdiction allows tacking Heres why Adverse Possession Oscar clearly possessed the property continuo...Get Instant Access to Expert-Tailored Solutions
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