Bar Exam (US) Property: Judd inherited the bulk of his father’s very substantial estate in 1935,...

Question

Judd inherited the bulk of his father's very substantial estate in 1935, including Blackacre, a rambling "farm" of woods and fields in upstate Pennsylvania. Judd, who lived in Philadelphia, used Blackacre as a weekend and holiday retreat. Judd, his wife having predeceased him, died in 1967. His will devised Blackacre to his two sons, Trent and Hunter, "to share and share alike as tenants in common."

At the time of their father's death, Trent lived in Pittsburgh while Hunter resided in Washington, D.C. After Judd's funeral, Trent returned to his residence in Pittsburgh, but Hunter decided to occupy Blackacre. He put his name on the mailbox and has paid the taxes and maintenance expenses. Trent has been generally aware of this, but since he cared little about Blackacre, Trent has never pressed Hunter about the property. Since 1967 Trent has not paid any rent or other compensation to Hunter, nor has Hunter requested such payment.

In January, 1992, a series of disputes arose between Trent and Hunter for the first time concerning their respective rights to Blackacre. The Commonwealth of Pennsylvania recognizes the usual common law types of cotenancies, and there is no applicable legislation on the subject.

Assume for the purposes of this question only that Hunter claims the entire fee simple absolute title to Blackacre and brings an action against Trent to quiet title in himself. If the Commonwealth of Pennsylvania has an ordinary 20 years adverse possession statute, judgment for whom?

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

  1. A
    Correct Answer
    Trent, because one cotenant cannot acquire title by adverse possession against another
  2. B
    Correct Answer
    Trent, because there is no evidence that Hunter has performed sufficient acts to constitute an ouster
  3. C
    Correct Answer
    Hunter, because the acts of the parties indicate Trent's intention to renounce his ownership rights to Blackacre
  4. D
    Correct Answer
    Hunter, because during the past 25 years Hunter has exercised the type of occupancy ordinarily considered sufficient to satisfy adverse possession requirements
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