Manny, Moe, and Jack are hunters. In 1990 they discovered what appeared to be a deserted hunting lodge in the woods. The lodge had no indoor plumbing, no running water, and no heating system other than a fireplace. The building is a 1-mile hike from the nearest road. Every year since 1990, they have returned to the lodge and used it as a base during the deer and elk hunting seasons in the fall and winter months. They spend a total of six weeks per year using the lodge. They have cleaned, cut, and stacked firewood and even stored clothing inside the lodge when they were not there. The owner of the lodge had noticed the stacked firewood but had not traveled to the lodge during hunting season to find out who was using the property even though he was disturbed that the property was being used
without his permission. After the statutory period has run, have Manny, Moe, and Jack acquired title to the property?
What will be an ideal response?
Yes, Manny, Moe, and Jack have acquired ownership by virtue of adverse possession. They have continually used the property for the statutory period required, and they have been open, notorious, visible, exclusive, and continuous in their use. They are not required to be on the property every day but have in this case been on the property every day for the use for which the structure was intended. By stacking wood and burning a fire in the fireplace, people would recognize their use as open and obvious. The owner knew that the property was being used against his interests but had not asserted a claim or attempted to evict the users.
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