Property Law

Catalina owned Desertacre in 2000 when Mira took possession. Catalina was mentally incompetent at the time Mira began her occupancy. In 2002, Catalina died intestate never having regained mental capacity. Her sole heir was her brother Felipe who was also mentally incompetent. Felipe regained mental competency in 2020. The statutory period in this jurisdiction in ten years. A statute in this jurisdiction also provides: "If a person entitled to bring an action in adverse possession is, at the time the cause of action accrues, within the age of minority or of unsound mind, the person, after the expiration of ten years from the time of the cause of action accrues, may bring the action within five years after the disability is removed." When is the earliest that Mira can perfect title by adverse possession?

2010

Willie owned a small house on a quarter acre of land (Greenacre). In 2000, Sean entered Greenacre and began to meet all the elements for adverse possession. Willie was born in 1995. The statutory period in this jurisdiction is ten years. A state statute also suspends the running of the statutory period during the disability and for five years after the disability ends. The age of majority is 18. What is the earliest date that Sean could perfect title by adverse possession?

2018

Leroy owned a four-story apartment building, painted light blue. He leased the units on the lower three floors to tenants, but retained the fourth floor penthouse as his personal residence. Leroy extended the penthouse balcony outward for 20 feet in order to install a new hot tub; the extension was painted light blue to match the rest of the building. Although Leroy did not realize it, 10 feet of the new balcony extension protruded into airspace over a vacant lot owned by Bill. Leroy used the hot tub once, did not like it, and never used his balcony again for the next four years. Leroy then sold the building to Abby, who immediately occupied the penthouse apartment and used the hot tub daily for the next two years; Abby did not notice that any part of the balcony extended into Bill's airspace. Bill never visited his lot after the balcony extension was built. The period for adverse possession in the jurisdiction is five years. Who owns the airspace occupied by the outermost 10 feet of the balcony extension in most jurisdictions?

Abby, because the adverse possession elements are satisfied.

Will owned a mountain cabin that he used during his summer vacations. He borrowed $50,000 from Bank, secured by a mortgage on the cabin. He then leased the cabin to Tina for a ten-year term pursuant to a written lease. Tina planned to use the cabin during her summer vacations, but she became so busy at work that she was unable to visit it. Abe noticed that the cabin was vacant, took possession, and lived there on a full-time basis for six years. Neither Will nor Tina ever visited the cabin during this period. The adverse possession period in the jurisdiction is five years. Assuming that Abe satisfied all adverse possession elements, what is the state of title to the property?

Abe has a term of years tenancy, Will has a reversion, and the property is encumbered by Bank's mortgage.

Abe owned a residential condominium unit on the 12th floor of a highrise tower in a large city. But Abe never used the unit because he lived in Switzerland. Abe's daughter Beth bribed the building superintendent to give her a key to the unit; over the next 7 years, she spent 12 hours each day practicing the cello there. When Beth decided to move to Japan, her cousin Connie asked if she could use the unit to compose songs; Beth replied "Of course. Here's the key." Connie visited the unit every Tuesday for 10 hours to write songs. When Abe returned 4 years later, Connie claimed title by adverse possession. Assume that the period for adverse possession in the state is 5 years. Connie sued Abe for a declaratory judgment that she owned the unit. Who will win the lawsuit?

Abe, because Connie cannot tack on Beth's period of possession.

Which of the following statements is not correct?

Adverse possession applies exclusively to real property.

Bill owned a 2,000-acre tract of desert land. In 2005, Cara drove by the land and noticed that rare cactus plants grew there. Cara dug up four cacti, each time leaving a hole that was 18" wide and 12" deep; she sold the cacti for $50. Cara did exactly the same thing on a visit in 2008, another in 2012, and yet another in 2015. Cara also drove past the land without stopping during trips in 2006, 2007, 2009, 2011 and 2014. Between 2005 and 2015, Bill drove past the land on two occasions without stopping. Assume that the period for adverse possession in the state is 10 years. Cara now sues Bill for a declaratory judgment that she owns the land. Who will win the lawsuit?

Bill, because Cara did not have continuous possession.

In which of the following situations does Cal acquire title to the final product under the doctrine of accession?

Cal mistakenly uses grapes owned by Darla, believing them to be his own, in making wine.

Allen owned Pearacre, a 500-acre tract of pear trees which included a small house in its southwest corner. When Allen died, his only living relatives were his daughter Betty and his niece Carrie. When Betty and Carrie looked through Allen's records, they discovered a document which appeared to be Allen's will; it provided in part: "I devise Pearacre to Carrie." The document was signed by Allen. Betty and Carrie both assumed that this paper was a valid will, but under state law it was invalid because no one witnessed Allen's signature; indeed, under state law Betty had automatically received title to Pearacre when her father died without a valid will. Carrie moved into the Pearacre house. Because she disliked pears, however, she never visited or used the rest of the Pearacre property. Two days after Carrie occupied the house, Betty drove a small green travel trailer onto the northeast corner of Pearacre and built a foundation around it; she occupied it each weekend as a vacation retreat from her city job. When Carrie drove down the public road in front of Betty's trailer on weekends, Betty shouted at her: "You robbed me of my inheritance!" Carrie and Betty continued the conduct set forth above for 15 years. The period for adverse possession in this jurisdiction is 12 years. Which of the following statements is correct in most jurisdictions?

Carrie owns all of Pearacre except for the northeast corner.

Bob owned a home on a large lot in a residential subdivision; the south side of Bob's lot adjoined a large vacant lot owed by Chad, but there was no fence between the lots. Bob and Chad disliked each other intensely. Chad purchased an old school bus which was 9 feet high and 40 feet long, painted it an ugly orange color, and installed it along the north side of his lot right next to Bob's backyard. Chad did this in part because he knew that Bob hated the color orange, and Chad hoped that the bus would annoy him; Chad also realized that the bus would help to shelter his lot from northern winds. Although the bus was entirely on Chad's land, Bob soon discovered that it cast a shadow onto the 12-foot wide portion of his lot closest to the bus, which prevented him from starting a garden in this area. Which of the following is mostly likely?

Chad is not liable to Bob.

Carla, a biochemist, discovered that certain cells in Dan's body contained a liquid which could cure brain cancer. Carla begged Dan to let her remove some of his cells so that thousands of patients could be cured each year, but Dan refused because Carla was unwilling to pay him what he thought was a fair price. On a dark night, Carla saw Dan walking in a park, stunned him with a punch in the jaw, quickly cut away a small bit of Dan's skin that contained some of the valuable cells, and ran away. Carla then sold the cells to Elsa, a scientist who plans to use them to create a cell line that will generate the life-saving medicine. Which of the following is correct?

Dan owns the cells even though they were excised from his body.

In 1999, Rosa entered Greenacre, a five acre parcel owned by Dana. Rosa met all the elements for adverse possession for the next 15 years. Dana was mentally incapacitated during the first three years of Rosa's occupancy. In 2014, Dana entered Greenacre and told Rosa to leave. Rosa brought suit to quiet title. The statute of limitations for this jurisdiction is 15 years. A state statute also suspends the running of the statutory period until the disability is removed. Which of the following is correct?

Dana is the owner of Greenacre because Rosa did not meet all the required elements for the requisite statutory period.

In 2000, Joe purchased a two bedroom condominium, intending to move into the unit when he retired. The condominium was located in a state far from his current residence. Unbeknownst to Joe, Skyla occupied Joe's condominium unit for three years, beginning in 2001. Skyla knew that someone else owned the unit, and often commented to her friends, "Hey, if the owner isn't going to use it, I might as well use it." When Skyla needed to leave the unit in 2004 because of a job transfer, she conveyed all interest she had in the condominium unit as well as all her furniture to a coworker, Danica, for $175,000. Danica occupied the unit for nine more years, at the end of which Joe appeared, having recently retired. The jurisdiction has a ten year statutory period for adverse possession and applies the modern rule re intent. In a suit to quiet title, how should a court rule?

Danica owns the condominium unit because there was privity between Danica and Skyla.

Bob holds title to Redacre, a 100-year-old mansion. Over the objection of his family and his neighbors, Bob plans to demolish Redacre in a week. A group of Bob's neighbors file suit, seeking a court order to prevent the demolition. What is the most likely basis for obtaining such an order?

Demolition of Redacre would release asbestos particles that endanger public health.

The best explanation for the Supreme Court's ruling in Johnson v. M'Intosh that Native Americans did not have the authority to transfer their ancestral lands to private buyers is that the Native Americans:

Did not have the right to transfer under the laws of the United States.

When considering the effect of disabilities on the statutory period for adverse possession, which of the following is not correct?

Disabilities may be tacked.

Anna owns a 100-acre tract of farmland. In which of the following situations did a trespass not occur?

Elmer has to land his hot air balloon on Anna's land.

In 2000, Roy conveyed Greenacre and Meadowacre (two five-acre contiguous parcels) to Farrah. Farrah paid $140,000 for both parcels and received a general warranty deed from Roy. Farrah immediately moved onto Greenacre and constructed a two-story house. She cleared most of the rocky terrain immediately surrounding the house and planted a large garden next to the backdoor. Farrah rarely wandered anywhere on Greenacre outside of her house or garden. Farrah also never ventured onto Meadowacre. She was an environmentalist and wanted to preserve the pristine nature of the parcel. In 2012, Jaxen appeared and instructed Farrah that he owned both parcels, having validly purchased Greenacre and Meadowacre in 1990. After some investigation, the following facts were established: (i) Roy never owned either parcel; (ii) the deed from Roy to Farrah was invalid; and (iii) Farrah had no knowledge of Roy's fraud and had always acted in good faith. The statutory period for adverse possession in this jurisdiction is ten years. Which of the following is correct?

Farrah owns Greenacre and Jaxen owns Meadowacre.

Oscar owned a 50-acre tract of desert, where the only viable economic use was grazing goats for six weeks each spring. Because Oscar was a committed environmentalist who wanted to preserve the natural vegetation on his land, he built a ten-foot-high fence around the parcel in order to exclude animals. Seven years ago, Fiona broke a large gap through the fence, and brought in her flock of 1,000 goats to feast on the spring vegetation for six weeks. Oscar first noticed the gap in July, and repaired it. This same pattern of fence breaking, grazing use, and fence repair occurred every year thereafter until the present. Assume that the period for adverse possession is five years. Fiona sued Oscar for a declaratory judgment that she had obtained title by adverse possession. Who will win the lawsuit?

Fiona because she meets all by adverse possession requirements.

Frank owned a 50-acre farm in an agricultural region which he used to grow carrots, lettuce, and other crops for many years during the summer growing season. All the properties in the region were used to grow similar crops. Frank decided to retire and give his land to his nephew Ned and Ned's wife Wilma. As a gift, Frank executed and delivered a deed that purported to convey title to the farm to Ned and Wilma as joint tenants. Frank, Ned, and Wilma were not aware that the deed was legally defective, and that Frank accordingly still owned the farm. Ned, Wilma, and their three children visited the land almost every day each summer for six years. They often invited Frank to join them on their trips to the land, and he frequently did. On each visit, they would have a picnic, hike on the land, watch birds, and generally enjoy being outdoors. Seven years after the deed was created, Frank's attorney found it while reviewing records for a lawsuit. When the attorney mentioned to Frank that the deed was a nullity, Frank exclaimed: "Well, I'm going to take my farm back now. Ned and Wilma were never grateful for my gift." The adverse possession period in the jurisdiction is five years. Who owns the land?

Frank, because Ned and Wilma did not have actual possession.

Ella owned Swampacre, a wild and undeveloped tract of wetlands spanning 1,500 acres, which she used for hunting wild ducks a few weeks each year with her son Fred. When Ella died, Fred assumed that he had inherited Swampacre, because Ella had always promised to leave it to him. But instead her valid will transferred Swampacre to a local church. Fred never read the will; nor did anyone tell him that the church owned Swampacre. For the next 10 years, no one visited Swampacre except for Fred, who hunted ducks on every part of the land during duck season for two weeks each year. Fred built three small "duck blinds" on the land; each one consisted of a wooden floor surrounded by reed-like camouflage to hide Fred from passing ducks. Fred's hunting on the land was quite successful; each year, he was able to kill the maximum number of ducks allowed by law, though many of his shots missed their intended targets. Last week, a representative of the church visited Swampacre for the first time, saw Fred hunting there, and shouted: "Get off the church's land!" The period for adverse possession in the jurisdiction is 10 years. Who owns Swampacre in most jurisdictions?

Fred, because the adverse possession elements are satisfied.

Freda provides housing on her farm for farmworkers during the harvest season. George, a neighboring farmer, seeks to enter Freda's land in order to induce them to quit their jobs on Freda's farm and instead work on George's farm. Harry, the cousin of a farmworker living on Freda's farm, also wants to enter to visit his relative. Which of the following is correct under State v. Shack?

Freda may only exclude George.

Bob's hobby is flying radio-controlled model airplanes in the backyard of his suburban home. Each airplane has a wing span of three feet and is propelled by a battery-powered motor. Every Saturday afternoon, Bob flies one of his airplanes over the homes owned by his neighbors, usually at an altitude of 50-80 feet. Bob's neighbor Gina complains about the model airplanes flying over her house, but Bob continues his conduct. Gina then sues Bob for trespass. Who will win the lawsuit?

Gina, because Bob's airplanes flew through Gina's airspace.

Irma, an inventor, purchased a two-acre parcel of country land so that she could it use while developing new inventions. Because many of Irma's inventions could be tested only under conditions that minimized the effect of various types of solar radiation, she decided to have a cave dug on her land so that she could conduct underground testing. Irma hired Cal to dig a cave located 30 feet below the surface of her property, which ran parallel to the surface for 100 feet. Cal inadvertently built the cave in the wrong place, so it extended 40 feet into the soil beneath the house owned by Nancy, Irma's neighbor. When Cal learned about the error, he explained the situation to Nancy, apologized to her, and told her that Irma would be using the tunnel for testing inventions; but Cal never told Irma about his mistake. Irma used the portion of the tunnel beneath Nancy's house once a month for the next six years. There was no visible indication on the surface of Nancy's land that there was a tunnel below it; nor did Irma's testing in the tunnel produce any noise or odors which a person on Nancy's land would have noticed. Irma and Nancy never discussed the tunnel. The period for adverse possession in this jurisdiction is five years. Who owns the portion of the tunnel beneath Nancy's land in most jurisdictions?

Irma, because the adverse possession elements are satisfied.

Harriet owned Desertacre, an unfenced and unimproved tract of desert land that covered four square miles, located 20 miles from the nearest town; the land was covered with wild cactus plants. The west side of Desertacre adjoined Highway 47 for one mile. Each year, Harriet visited the land once a year to hike for a few hours. When Harriet died, her will devised Desertacre to her son Ivan. Two years after Ivan received title, Julie, a cactus expert driving past Desertacre, noticed that some of the plants growing there were rare and valuable. She stopped and dug up two cactus plants, each about 10 inches high, which she subsequently sold to a collector. Over the next 11 years, Julie visited Desertacre on nine more occasions. Each time she removed between two and four cactus plants from different portions of the property; the plants she took ranged in height from 7 to 15 inches. Julie sold the plants to collectors. Ivan never walked on Desertacre. But once a year for 14 years after receiving title, Ivan drove past the land slowly on the highway, making a visual inspection. During these inspections, he never noticed any evidence of Julie's activities. The period for adverse possession in this jurisdiction is 10 years. Who owns Desertacre?

Ivan, because Julie did not have open and notorious possession.

Tenco Oil & Gas Co. (Tenco) owned large fields of natural gas. Once the gas was removed from the ground, Tenco needed to store the gas in anticipation of sale. Tenco owned a large tract of land under which was an immense natural cavern, ideal for storing gas. Tenco regularly injected much of its removed gas into this cavern. Unknown to Tenco, the natural cavern also extended a few hundred yards under Jamal's property, which was contiguous to Tenco's. In a jurisdiction that applies the traditional rule of capture to minerals such as oil and gas, a court would most likely hold:

Jamal does not have an action in trespass against Tenco for the natural gas invading his land.

Jim owns a ranch on which he raises a large herd of sheep. Jim's neighbor, Logan, is a dairy farmer. Logan's farm includes large areas of natural grassland. Several of Jim's sheep wandered off his ranch onto Logan's farm. Logan caught the sheep while they were grazing in his meadows and placed them in his barn. Logan refuses to return the sheep to Jim. Who has better right to the sheep, Jim or Logan?

Jim, because sheep are domesticated animals.

Kelly owned a 10-acre horse ranch. Over the years, the nearby large city slowly expanded until urban development surrounded the ranch. Because of traffic congestion, the city decided to install a light rail train system. The city initially planned to run the tracks across the surface of Kelly's land, but Kelly objected to any use of his property. The city planner then told the city council: "We can elevate the tracks so they run on a bridge 200 feet above Kelly's land; we won't even need to have the bridge towers on his land. Or we can run the tracks in a tunnel 500 feet under Kelly's land." Which of the following is correct in most jurisdictions?

Kelly owns both the airspace 200 feet above his land and the subsurface 500 feet below his land.

Zane owns a ten acre tract of land (Forestacre), most of which is undeveloped forest. Zane only occasionally visits Forestacre, usually to fish in a small stream that runs through the southeastern portion of the parcel. Khole owns a small alpaca farm that abuts the northwest boundary of Forestacre. Because of a surveying error, Khole mistakenly thought that he also owned a 100 foot portion of Zane's land that bordered his farm. For the past ten years, Khole has entered this forested area and cut leaf-filled branches to feed his alpacas. Khole also regularly cleared the brush from the area and sometimes cut down trees for firewood. He even put up a small sign that read "Alpaca feeding zone." Zane recently discovered Khole's presence on Forestacre and instituted a quiet title action. Khole counterclaimed, seeking to have title to the 100 foot tract quieted in him. Which of the following is correct?

Khole met the open and notorious element of adverse possession by his regular use of the 100 foot tract.

Kim plants a row of young oak trees next to the fence that separates her residential lot from Lana's lot. Two years later, Lana installs a new swimming pool in her backyard. Over time, Kim's trees grow so large that they (a) occasionally cast shadows onto Lana's pool (making the pool water colder to swim in) and (b) drop some leaves into the pool (forcing Lana to clean the pool monthly). Lana sues Kim. Who will win the lawsuit?

Kim, because the trees are not a spite fence or a nuisance.

Lance owned Greenacre in fee simple absolute. In 1998, Lance conveyed Greenacre to Julian by a valid deed which read "to Julian for life." In 2000, Kobe entered Greenacre and began to adversely possess it. Kobe occupied Greenacre for the next 13 years. In 2013, Julian died. Julian's will provided that his son, Rick, receive all his assets. In 2014, Kobe married Ada and made the following oral declaration: "I give Greenacre to my beloved wife Ada." The statutory period for adverse possession in this jurisdiction is ten years. In 2014, who owns Greenacre?

Lance

Leonard owned a house which he rented to Tyler for a one-year term. In which of the following situations did a trespass occur?

Leonard enters the house in Tyler's absence to show it to a prospective buyer.

Mia lived in a very remote area. Walking home, Mia took a shortcut over the back ten acres of Liam's farm. Mia noticed a wild turkey next to a small stream that flowed through Liam's property. Throwing a rock, she stunned the turkey, brought it home, and placed it in a cage in her backyard. A few days later, Aiden, a lost and hungry hiker, wandered onto Mia's land, saw the turkey, grabbed it from its cage, and wandered back into the woods. When Mia noticed that the turkey had been taken, she traced the steps of Aiden and found him with the turkey. Between Mia and Aiden, who has better claim to the turkey?

Mia, because Aiden trespassed on her land to gain the turkey.

For the past ten years, Ana rented a house she owned to Nia. The rental contract created a periodic tenancy, rent payable on January 1st of each year. From the beginning, Nia demonstrated great hostility toward Ana and often refused to speak with Ana or answer inquiries about the house. Each year, Nia would leave for Europe and spend several weeks visiting museums and touring the Alps. These vacations caused Ana some concern since the house was vacant and susceptible to waste. Shortly after Nia missed making her rental payment for the current year, Ana went to Nia to demand her rental monies. Nia asserted that she did not owe Ana any rent. Nia claimed that she now owned the house because she had adversely possessed it. The jurisdiction has a ten-year statutory period for adverse possession. Which of the following is correct?

Nia did not gain title as an adverse possessor because her possession was not adverse and hostile.

Amy owned Pearacre, a 100-acre tract of prize-winning pear trees; she lived in the home which was located in the southeast corner of the tract. In 2000, Amy was killed by a falling pear tree. Amy's son Sid quickly found what appeared to be Amy's valid will, which left Pearacre to Amy's niece Nina. Nina immediately moved into the home on Pearacre, and used it as her residence until the present; but Nina has never visited or used any other part of Pearacre. Last week, Sid discovered that the will was invalid due to a technicality and, accordingly, that he should have inherited Pearacre under state law as Amy's closest relative. Assume that the adverse possession period is ten years. Sid sued Amy for a declaratory judgment that he owned Pearacre. How should the court rule?

Nina owns all of Pearacre.

Able owned a vacant lot located on a remote mountain lake. Each summer for many years, he pitched a tent on the lot for three months and lived there with his son Bob, enjoying the wilderness. Bob was only eight years old when this pattern began, and he grew to share his father's love of nature as time passed. During one of these trips, Able said to Bob: "I wrote my will two weeks ago. It says that this lot will go to you!" A few days after Bob reached age 21, Able was paralyzed in a car accident. When Bob told Able that he intended to camp on the lot during the coming summer, Able looked sad but said nothing. Bob spent the next six summers camping on the lot, just as he and Able had done in the past. Able then died. Bob discovered that Able's will devising the lot to him (Bob) was legally defective. Instead, under Able's last valid will, the lot was devised to the United Way, a national charity. Bob filed suit, seeking a declaratory judgment that he had obtained title to the lot by adverse possession. Assume that the adverse possession period in the jurisdiction is five years. Was Bob's possession of the lot adverse and hostile?

No, Bob's possession was not adverse and hostile.

Sara owns a 2,000-acre ranch in a remote, undeveloped part of a western state which she uses for grazing cattle. An oil company now wants to install a pipeline that will run 500 feet underneath Sara's land; this will be one link in a 200-mile pipeline system. Construction and use of the system will not interfere with Sara's cattle grazing. Under the Chance standard, will Sara be able to bar the pipeline?

No, because it will not adversely affect Sara's use of the property.

While sitting in his backyard, Noah noticed a squirrel (whose nest was in a neighboring yard) slowly moving over his grass looking for nuts. Suddenly, a stranger, Ava, jumped over Noah's fence, grabbed the squirrel, and ran away. If Noah sues Ava to recover the squirrel, who will win?

Noah, because Ava was a trespasser.

Carl owns a 10-acre tract of unfenced, rural land, where he lives in a small cabin. Don walks up to Carl's front door to try to sell him a set of encyclopedias. The next day, while researching an endangered species of frog, Ella walks across Carl's land, believing in good faith that it is public land. Who is liable for trespass?

Only Ella.

Pedro was a successful professional baseball pitcher due to his unusually-shaped right hand. During a game, Pedro's right hand was struck by a hard-hit baseball, which almost severed it from his arm, leaving it hanging by only a bit of skin. Pedro was taken to the hospital unconscious, where doctor Darla removed the hand. One hour later, Darla transplanted the hand onto the arm of another patient. Pedro sued Darla for conversion. Under Moore v. Regents of the University of California, who will win the lawsuit?

Pedro, if the hand could have been successfully reattached to his arm.

Twenty years ago, Sam constructed a five-story apartment building on a city lot. Part of the building roof protruded six inches into the airspace over the adjacent lot owned by Lila. Lila now discovers this problem and demands that Sam remove the protrusion. What should Sam do?

Refuse because he has acquired title to the airspace by adverse possession.

Rhonda owned an undeveloped tract of farm land, located 200 feet from a large river. Tim's barren and undeveloped 10-acre parcel was located immediately between Rhonda's land and the river. Three years ago, Rhonda installed a pipeline across the surface of Tim's land which Rhonda uses to bring water to irrigate Rhonda's crops during the summer months. Which of the following is correct?

Rhonda has acquired a right to take water from the river under the prior appropriation approach.

Rita notices a rare and valuable butterfly sitting on a leaf in a public park. As Rita moves forward with her hands outstretched to grab the butterfly, it begins to fly away and a brisk wind quickly pushes it 100 feet away from Rita. Susan springs up from behind a bush, nets the butterfly, and refuses to give it to Rita. Under which circumstances below would Rita own the butterfly?

Rita threw a rock that mortally wounded the butterfly before Susan netted it.

Jacob tracked a small wild boar on unowned land. Jacob won a gold medal in shooting at the most recent summer Olympics and has never missed his target. Surprisingly, the boar came within three feet of Jacob. Jacob aimed his rifle, but just as he was about to press the trigger, Sophia jumped out of the bushes, screaming loudly. She immediately hit the boar with a large stick and then picked it up, walking away with the unconscious boar in her arms. Who has best rights to the boar?

Sophia, because she was the first to gain certain control of the boar.

Ethan threw his large fishing net into unowned waters of the Pacific Ocean. After several hours, four large fish swam into the net. While it was not absolutely impossible for fish to escape Ethan's net, under normal circumstances only a few, if any, fish escape. Emma also was fishing in the area on her own boat. Just as Ethan was about to raise his net and bring the fish onto his boat, Emma reached over the net and with a large spear (never touching the net) stabbed two of the more prized fish and lifted them into her boat. In a suit to regain the fish, Ethan will be...

Successful, because the fish were safely secured in Ethan's net

Lia has lived in her Victorian home (Homely Manor) all her life. The house is an excellent example of American Victorian architecture. It was originally built by Lia's great-grandfather and has been handed down from one generation to the next. Lia has no children or close relatives and does not want Homely Manor to be inhabited by anyone outside her immediate family. In a legally valid will, Lia directed her executor to demolish the house. Following Lia's death, a group of neighbors brought suit to stop the demolition. They produced evidence that the destruction of Homely Manor would lead to a 25% reduction in their home property values. How should a court rule?

The court should enjoin the trustee from carrying out Lia's testamentary directive because it would amount to the senseless destruction of resources and affect important interests of other members of the community.

The theory of property which best explains why the farmworkers in State v. Shack were entitled to receive visitors over the landowner's objection is:

Utilitarian theory.

The labor theory of property is reflected most directly by:

White's victory in White v. Samsung Electronics America, Inc.

Movie star Mina is a tenant in Oliver's apartment building. Seeking to sell the building, Oliver places an advertisement in the local newspaper which reads: "$2,500,000. Luxury 3-unit apartment complex. Home of famous movie star Mina. Call 333-3333." Has Oliver violated Mina's right of publicity?

Yes, because Oliver used Mina's name in order to gain a commercial advantage.

Ted works at the county tax assessor's office. One day he notices that no one is paying taxes on a 50-acre parcel of forest land, so he decides to adversely possess the land. He nails four small signs to trees on the land; each sign states: "Property of Ted." Each summer, he camps out on the land for two weeks; and every Christmas he comes to the property to cut Christmas trees for his family and friends. Assume that these activities continue for the 10-year period required for adverse possession and that no one else visits the land during this time. In most states, has Ted acquired title by adverse possession?

Yes, because Ted satisfied the requirements for adverse possession.

Zelda owns a 500-acre farm. She installs an extensive network of wells to extract groundwater so that she can sell the water to the residents of an expanding city located 20 miles away. As a result of Zelda's pumping, the wells located on her neighbor Ned's land went dry. Under these circumstances, may Zelda continue pumping groundwater?

Yes, if the state follows the absolute ownership rule.