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Bob Has Inherited a Small Home in Wyoming from His

Question 57

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Bob has inherited a small home in Wyoming from his deceased uncle George. Bob has no desire to live in Wyoming, but he enjoys going up to his Wyoming property to fish for two weeks every fall and spring. George's lawyer has agreed to have the home secured when Bob leaves and to have it opened when he's planning to visit. George's lawyer, without asking or informing Bob, has suggested to his freeloading brother Alan and Alan's wife, Judith, that they stay at Bob's Wyoming place and simply vacate just before Bob shows up, which they do. They live there acting like the owners for 48 weeks every year. The statutory period for adverse possession in Wyoming is 10 years. After 12 years Alan and Judith file for ownership under Wyoming's adverse possession statute.


A) Alan and Judith will be successful because they have lived there for longer than the required 10 years.
B) Alan and Judith will be successful because they have lived there for longer than the required 10 years and they were open, notorious, and visible.
C) Alan and Judith will not be successful because one cannot become the owners by adverse possession if one is there without the owner's permission.
D) Alan and Judith will not be successful because their control of the property was not exclusive or continuous.

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