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20
Lutz
IRON PIPE SCREAMING- ADVERSE POSSESSION
No Adverse Possession
i. Substantial enclosure- was easy to see
ii. Heart of case- Substantially cultivated or improved (court’s judgment was societal commentary)
NATURE OF THE LAND→
-what if nature changes?
-social character of land?
-what value is the judge in the community upholding?
Majority
-every square foot must be cultivated- new idea of cultivation wins (unlike nuisance)
-inconsistent on element of hostility- siding w/ VV
Dissent
-not every square foot must be cultivated- old idea of cultivation wins
No Adverse Possession
i. Substantial enclosure- was easy to see
ii. Heart of case- Substantially cultivated or improved (court’s judgment was societal commentary)
NATURE OF THE LAND→
-what if nature changes?
-social character of land?
-what value is the judge in the community upholding?
Majority
-every square foot must be cultivated- new idea of cultivation wins (unlike nuisance)
-inconsistent on element of hostility- siding w/ VV
Dissent
-not every square foot must be cultivated- old idea of cultivation wins
