Question
Oscar owns a vacant lot in fee simple. Oscar lives in Europe and rarely visits the lot. Adam, the neighbor next to the lot, takes
Oscar owns a vacant lot in fee simple. Oscar lives in Europe and rarely visits the lot. Adam, the neighbor next to the lot, takes possession of the lot. He constructs a fence around the lot, mows the grass, and parks his truck on the lot. The statue of limitations for adverse possession in the state where the loot is located is 10 years, Adam possesses the lot for 8 years and sells it to Bob, Bob possesses the lot in the same manner as Adam for 5 years, Oscar returns from Europe after Bob possessed the lot for 5 years, discovers Bob on the lot, and sues him for trespass. Bob defends on the grounds that he is the owner of the lot by adverse possession. Who wins? Discuss the factors that will determine ownership of the lot.
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