Yards between the legal boundary and the fence

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In 1985, Susannah Jones purchased a farm and several acres of land. An old wooden fence stood 200 yards south of the actual southern boundary of the plot of land that Jones purchased, but Jones thought that the fence ran along the southern boundary of her land. Jones installed a new, electrified fence, cleared the land on “her” side of the new fence, and began to graze cattle there. In 2000, Sam Kerry purchased the land that bordered the other side of the fence. In 2007, Kerry had the property surveyed and discovered that the true property boundary lays 200 yards north of the fence. The period for adverse possession is 20 years. If Jones files suit the same year seeking a declaration that she now owns the 200 yards between the legal boundary and the fence, will Jones win?

a. No, because Kerry has owned the bordering property for less than 20 years.

b. No, because Kerry never ordered Jones to vacate that land.

c. Yes, because Jones believed she owned the land from the time she began using it.

d. Yes, because Jones has adversely possessed the land.

Reference no: EM131278188

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