Question

which of the following statements is incorrect regarding adverse possession in north carolina? 1. travis has fenced in the property of a neighbor for the last 28 years to his exclusive use without the knowledge of the legal owner. this could possibly be an example of adverse possession. 2. leslye uses a small pond adjoining her property along with members of another family to fish and swim. she has been doing so for nearly 40 years without ever seeking the permission of the owner of the property. this is a case that could lead to adverse possession

Answer 1

Statement 2 is incorrect as it relates to adverse possession in North Carolina since the use of the property was not exclusive and may not have been openly notorious if permission was not sought or the owner was not aware.

Step-by-step explanation:

The concept being discussed is adverse possession, which is a legal doctrine allowing a person who possesses someone else's land for an extended period to claim legal ownership. In North Carolina, the period required for adverse possession is 20 years. Therefore, statement 1 is possibly correct, as Travis has fenced and used the property for 28 years exclusively and without the knowledge of the real owner, which could lead to adverse possession. However, statement 2 is incorrect regarding adverse possession because the use of the land by Leslye and another family to fish and swim was not exclusive (as it was shared), and for adverse possession claims, the possession must be exclusive. Additionally, the open and notorious element could be lacking if she never sought permission, meaning the owner might not have been aware.