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The Kapinskis Owned and Occupied Lot 18 from 1935 to 1950

Question 76

Multiple Choice

The Kapinskis owned and occupied lot 18 from 1935 to 1950 in a state in which the adverse possession period is 25 years. In 1950, the lot was conveyed to the Wyroskis. The Laurins purchased lot 19 in 1954. The lots were the sites of summer homes. A row of lilac bushes had always marked the boundary between lots 18 and 19, and the Kapinskis and Wyroskis put in and maintained a lawn and flower bed that bordered the lilacs. A boathouse for lot 18 was also located next to the lilac bushes. The boundary line as marked by the lilac bushes was incorrect and the bushes were actually located on the Laurins' lot. The result was that the incorrect boundary expanded the size and boundaries of the Wyroski lot. In 1961, the Laurins bought an action to quiet title.
-With regard to the lilac bushes:


A) Their presence is not enough to establish an adverse claim.
B) Because the boundary was mutually used, there can be no adverse use.
C) The lilac bush fence is sufficient for a claim of adverse possession.
D) Adverse possession is not possible when the possession results from an error and not willful possession.

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