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Joe and Ed are next door neighbors. Joe asks for permission to put a fence up on Ed's property. Ed says no, but Joe does

  1. Joe and Ed are next door neighbors. Joe asks for permission to put a fence up on Ed's property. Ed says no, but Joe does it anyway. The fence is only an inch or so on the property as Joe's intent was to just border his property, but not ruin the flowers he had planted up to his border. Ten years later, Ed's daughter, Jennifer, inherits the house and learns that the fence is on her property. Jennifer tells Joe to take the fence down and Joe says that he now has the property under adverse possession. Jennifer and Joe live in a state that follow the majority of courts in its approach to adverse possession.

o Joe is correct - the land is now his.

o Jennifer is correct - there is no adverse possession here.

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