Bar Exam (US) Property: O was the owner of Greenacre in fee simple. A took possession of the lan...

Question

O was the owner of Greenacre in fee simple. A took possession of the land in 1945 as an adverse possessor and remained on the land from 1945 to 1955; he then left the property to care for his sick mother for one year, returning the following year, 1957. Meanwhile, during A's possession O devised Greenacre to B, his son, in 1961. A remained on the property until the present (1977).

Assume that the statutory period for adverse possession in this state is twenty-years.

Upon O's death in 1977, his sole heir, B, brings an ejectment suit to recover possession of the property from A. In his action, B will most probably

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    lose, because A has acquired title by adverse possession
  2. B
    Correct Answer
    win, because the statutory period for adverse possession does not run against a remainderman until his interest becomes possessory
  3. C
    Correct Answer
    lose, since A was successful in the action by O, B would be estopped from instituting another action against A for ejectment
  4. D
    Correct Answer
    win, since his title was perfected at the time of conveyance
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