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IRAC Analysis-court case
IRAC: Adverse Possession
- The main issue of contention is whether there is a viable claim of adverse possession on Donald’s side.
- There is need to examine the requirements for adverse possession to be reviewed with reference to the case in order to make such an establishment.
For adverse possession to be ascertained before the law, there are various requirements for common law that ought to be met. Such will be analyzed with reference to Donald and Hillary’s case.
According to the establishment of the judges in Ewing v. Burnett, for one to make a claim of adverse possession, they must have maintained the property’s possession for a continuous period (Ewing v. Burnett, 1837). In this case, Donald has had continuous possession of the 20 feet strip of land that actually belongs to Hillary for a continuous period since the fencing of the land, for a period of eight years.
The possession ought to be an infringement of the rights of the actual owner of the land, as opposed to be out of consent (Blickenstaff v. Bromley, 1966). In this case, Donald is in infringement of Hillary’s right to own the piece of land, an aspect that is evidenced by her decision to sue him for trespassing.
- Open and Notorious
This requirement provides that the possession ought to be obvious and easily notable to any individual who observes (Robin v. Brown, 1932). In the case of Donald, the possession was not clear to both parties, including Hillary and Donald, until after the survey. Nevertheless, the possession has currently been known by the parties and the surveyors, an aspect that has brought Hillary on notice that Donald has trespassed into her property and is in possession.....GET A PLAGIARISM FREE COPY