Reference no: EM132404031

Byer purchased a 20 acre tract of realty known as Fantasy Island from Seyler, paying one-half the purchase price upon closing, and giving Seyler a note for the balance secured by a purchase money mortgage. Although Byer never missed a payment on the note, Seyler foreclosed on Fantasy Island six months later by falsely certifying that Byer was in default, and by falsely swearing that notice of the foreclosure proceeding had been given to Byer as required by statute. Lucky purchased Fantasy Island at a foreclosure sale, receiving a sheriff's deed. Lucky immediately recorded the deed and started construction on the property. He constructed a large home with a separate guest quarters on the land, and put a block wall up around the home including a small area surrounding it. He has openly and continuously occupied the land enclosed by the block wall, but made no use of the land outside the wall.

Byer continued making payments to Seyler according to the terms of his note. Because he lived in a distant part of the state, he was unaware of the foreclosure sale until eleven years later when he attempted to sell the realty. Then, when an abstract company informed him of the sale, he sued for an order setting aside the sheriff's deed to Lucky and ejecting Lucky from Fantasy Island. Lucky counterclaimed for a judgment declaring him to be the owner of Fantasy Island by adverse possession.

A statute in the jurisdiction sets the period for acquiring title to realty by adverse possession at ten years. The court should find for?

Select one:

a. Byer, since he had no notice of the sale of the reality to Lucky.

b. Byer only for the area not surrounded by his fence, because he has no lawful interest in the land outside the fence since Lucky did occupy or possess it.

c. Lucky, since adverse possession cannot result in a subdivision of realty.

d. Lucky, because he is the owner of all of Fantasy Island, since he occupied part of it under color of title to the entire tract.