Question
Unintentionally, David built in his backyard a garage that encroached two feet across the property line onto property owned by his neighbor, Harold. When the
Unintentionally, David built in his backyard a garage that encroached two feet across the property line onto property owned by his neighbor, Harold. When the mistake was recognized immediately thereafter, David and Harold agreed in writing that David did not need to move the garage. The statutory period for the running of adverse possession in the state where the property is located is 15 years. Five years after the garage was completed, David sold his property to Nancy. Twenty years after Nancy purchased the property from David, Nancy claimed she had acquired the two feet of property through application of the doctrine of adverse possession. In a legal dispute between Nancy and Harold over ownership to the two feet Nancy now claims, which statement is most accurate:
| Harold will prevail because all the necessary elements of 'adverse possession' have not been met |
| Harold will prevail because clearly David leased the two feet of property from Harold and Nancy took title subject to the lease |
| Nancy will prevail if she did not receive notice from David of the agreement he signed with Harold. |
| Nancy will prevail as she has used the property, openly as hers for over 15 years. |
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