UBE Question of the Day
Bar Exam Multiple Choice Questions
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Today's Question:
A brother and sister owned two adjoining tracts of land. Each tract was bounded by the ocean. The brother’s land was covered with rocks, while the sister’s land was a fine sandy beach. In 1991, the brother constructed a home on his land. During the summer months since 1991, the brother and his family regularly have used the beach on the sister’s land for swimming and sunbathing. During each spring and fall, the brother has regularly used the beach for fishing. At all times, the brother has prevented others from using the beach on his sister’s land, telling them to “get off my beach.” The sister regularly used the beach during the summer of 2003 and did not oust her brother from possession. In 2004, the sister sold her land to a buyer. The brother remained in possession of the beach until this year, at which time the buyer commenced an ejectment action. Assuming the period for adverse possession in this jurisdiction is 20 years, who owns title to the beach?
(A) The brother, because he held himself out to others as the rightful owner of the land.
(B) The buyer, because the transfer of title in 2004 interrupted the brother’s possession.
(C) The buyer, because of the sister’s joint possession in 2003.
(D) The brother, because the sister did not oust her brother from possession.
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