Question

Eric and Benito are co-owners in fee simple of a small office building. Benito dies intestate and leaves nothing to be distributed to his heirs. Eric is neither related to Benito nor his creditor. What would explain how Eric acquired Benito's interest in the office building?

A) Remainder interests
B) Adverse possession
C) Joint tenancy
D) Reversionary rights

Answer 1

B) Adverse possession because Eric could have acquired Benito's interest in the office building through adverse possession due to Benito's intestate death without heirs or creditors. Thus the correct option is B) Adverse possession.

Step-by-step explanation:

Adverse possession refers to the legal acquisition of someone else's property by occupying it continuously and openly for a specific period, meeting certain legal requirements. In this scenario, Eric might have acquired Benito's interest in the office building through adverse possession because Benito died intestate (without a will) and without leaving any heirs or creditors. As Eric and Benito were co-owners in fee simple of the building, if Eric continued to openly occupy and use the property exclusively after Benito's death, meeting the statutory period required for adverse possession in their jurisdiction, Eric might have gained ownership of Benito's share in the building.

Adverse possession allows an individual to claim ownership of property if they fulfill specific conditions, including continuous use without challenge, for a certain period prescribed by law. In this situation, as Benito's interest in the building was left without distribution, Eric might have claimed it through adverse possession by meeting the necessary legal criteria, effectively gaining Benito's share in the office building.

Thus the correct option is B) Adverse possession.