Reference no: EM132404030

Thirty years ago, Farmer built a chicken coop near the edge of his land. In fact, about one-third of the structure was built on Greenacre, the neighboring parcel of real estate. Jed, the present owner of Greenacre, has demanded that Farmer remove the part of his chicken coop which encroaches upon Greenacre. Farmer refused, claiming that he has become the owner of that part of Greenacre by adverse possession.

A statute in the jurisdiction fixes the period of time for acquiring title to land by adverse possession at twenty years. Jed has instituted legal proceedings against Farmer for an order directing Farmer to remove the encroachment, and Farmer has filed a counterclaim, requesting a judgment declaring him to be the owner of the portion of Greenacre on which his chicken coop encroaches.

Which of the following additional facts, if it were the only one true, would be LEAST likely to result in a judgment for Jed?

Select one:

a. Ever since he built the chicken coop, Farmer has given the owner of Greenacre one dozen eggs per week in return for permission to encroach on the land.

b. After a portion of the chicken coop had been built on Greenacre, the owner of Greenacre told Farmer that it could remain there so long as Farmer used it to house chickens.

c. Soon after building the chicken coop Farmer told the owner of Greenacre that he realized that he was encroaching, and that he would remove the encroachment whenever the owner of Greenacre asked him to.

d. Jed purchased Greenacre from the prior owner fifteen years after the chicken coop was built, and commenced the action against Farmer six years after acquiring title.