Question
The history of 123 Elm Street is as follows: There is a deed reading life estate in John or Mary Adams, remainder on death of
The history of 123 Elm Street is as follows:
There is a deed reading "life estate in John or Mary Adams, remainder on death of second to die to John Adams JR."Reviewing the records shows that in 1942 the current owned granted an easement to New York Telephone to put a phone pole on the property and use the airspace over the property for phone wires.The easement was recorded in the county records. The Adams were never aware of the easement.John Adams died in 2015 and his will left all his property to his daughter Alice.Mary died in 2020 and left all her property to her daughter Betty.Facts is that in 2004 John and Mary needed help and their daughter Clair moved in with them to help and take care of them.She has been living in the house since.Alice claims the house as beneficiary of John, Betty claims the house as beneficiary of Mary, Clair is asserting she owns the house by adverse possession and John Jr. claims he owns the house as remainderman of the life estate/
5a. Who gets the house?Does the winner owe anything to the other claimants?
5b. The phone company needs to replace existing wires with different cables.The person who is living in the house refuses to allow them on the property.Once the phone company started to work and the occupant called the police to get them off the property.Does the phone company have the right to enter onto the property to change the wires on the phone pole?
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