Adverse Possession Hypotheticals
Hypo I: Condo in Aspen
-- owner uses for skiing only in winter; never goes in summer
--AP uses during the week in the summer; every Wednesday from 1 June to 1 September
a. Huge parties; police regularly called
b. Only at night; secretly to sleep
c. Actual permission from prvious owner
d. AP predecessor falsely told had permission
In 1999 the Paczaks, fearing the upcoming Y2K bug, purchased a cabin in upstate New York. The cabin was in a state of disrepair, and the lot they purchased along with the cabin was overgrown. When the Y2K scare ended, the Paczaks largely forgot about their cabin.
In 2000,the wandering musician John Denton found the seemingly abandoned cabin, and moved in. Denton cleared the trees and underbrush from the front yard, and used the space to host an annual Upstate New York music festival. The festival eventually became so large that the Paczaks heard about it, and showing up in January 2011, sued Denton for trespassing.
Hypo III: A national advertising campaign promised big profits to be made in Gulf of Mexico beach front property. Patrick called the 1-800 number posted on one of the commercials from the campaign and purchased twenty acres of beach front property. When Patrick went to visit the land, however, he realized that he had purchased an alligator-infested swamp. Hoping that one day the swamp might be drained, Patrick decided to hold on to the property.
Darren operates an air boat swamp tour business, and builds a dock and boat repair station on one acre of Patricks land, which Darren thinks is unclaimed wilderness. Twenty-one years later Patrick sues Darren for trespass to property.
-- Own use
-- Big business, advertises widely
Hypo IV: Dolly and Priya are neighbors sharing a property line. Dolly puts an in-ground pool in her back yard, at the time the pool goes in Priya is concerned that Dollys diving board is situated on her property but Priya is not sure. Years later, Priya becomes so upset over Dollys loud pool parties that she hires a surveyor to map the property line. Dollys diving board is indeed on Priyas property, and Priya files a for an injunction against this trespass on her land.