PROPERTY SAMLPLE EXAM QUESTION
Question 1
In 1980, Owen dies leaving Blackacre “to Abbe so long as the land is used for outdoor
recreational purposes, then to Bill.” In 1981, Claude, an outdoorsman, decides to start building a
log cabin on the far corner Blackacre, away from the road and hidden behind both a bluff and a
stand of trees. Claude decides upon this location because he thinks it is part of Whitacre, the
property that he owns located next to Blackacre. The foundation to the cabin is finished in early
1982, and the cabin is completely finished in December 1982. Claude spends every summer at
his log cabin. In 1985, Abbe, due to the continuing failure of her whitewater rafting business on
Blackacre, decides to builds a domed baseball stadium on Blackacre. When games begin being
played in the stadium in 1987, Abbe officially closes her rafting business. The statute of
limitations for bringing a trespass action against an adverse possessor is 25 years.
(a) At the time of Owen’s grant, what is the state of the title (i.e., characterize the interests at
the time of the grant)? Explain your answer.
(b) Who owns Blackacre? Discuss whether and when Blackacre will or will not be owned
by Abbe, Bill, and Claude. Explain your answer.
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