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ANSWER PLS You are a homeowner in Indiana, and you want to build a garage on you

ID: 469968 • Letter: A

Question

ANSWER PLS

You are a homeowner in Indiana, and you want to build a garage on your property, but Duke Power Company has a power line going over the part of your property that you want to build the garage. You check your deed and there is no restriction in the deed that gives the power company the right to have their power line on your property. You contact the power company and they have no legal document showing that they have the right to have the power line on your property, but it has been there for over 50 years. The power company had simply trespassed 50 years ago and still has the power line on your property rather than next to the road, where it should be located. You contact the power company and tell them to move the power line. The power company must move the power line since they are trespassers. The power company does not have to move the power line since they can legally claim the property by adverse possession. The power company does not have to move the power line since they have a prescriptive easement. The facts indicate that the power company has a lien against your land, so they do not have to move the power line. None of these A FedEx person is delivering a birthday present from your mother, but the delivery person is injured on your land. Which is the best answer? FedEx person is an invitee and you are only liable for known hazards. FedEx person is an invitee and you are liable for known hazards and hazards that you should have been aware. FedEx person is a licensee and you are only liable for known hazards. FedEx person is a licensee and you are liable for known hazards and hazards that you should have been aware. FedEx person is a trespasser and you have no liability. Tom and Randy owned a commercial building worth $1,000,000, as joint tenants with the right of survivorship and both had wills. Tom willed his half interest, meaning a value of $500,000 to his wife Robin. Randy willed his half of the commercial building to his brother Adam. Tom died. The commercial building is now owned: by Randy and Robin, since Tom's interest was walled to Robin. jointly by Randy and the state because of escheat. solely by Tom. solely by Randy. none of the above

Explanation / Answer

21. c, The power company does not need to move the power line since they have a prescriptive easement. They have used the land for a period of 50 years without permission of the owner. So this can be called a case of prescriptive easement since this is an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. This is an example of an implied easement granted after the power company has used the property in a hostile, continuous and open manner for a prescribed number of years. It differs from adverse possession by not requiring exclusivity. So the correct option is c.

22. b. The FedEx person is an invitee and the owner is liable for known hazards and hazards that he should have been aware. Landowners usually have no legal responsibility to keep trespassers safe. An exception is made, however, if the owner knew that trespassers were present, and failed to warn them about hidden and dangerous conditions. With respect to licensees, landowners have a similar duty. That is, they must warn about dangers that people coming onto the land are unlikely to discover on their own. Invitees like the FedEx person are provided the most protection. Landowners must inspect the premises and make sure it is safe for these individuals.

23. a. In the case of death of Tom, the commercial building will now be owned jointly by Randy and Robin since Tom who was the original tenant along with Randy had willed his half interest to his wife Robin. So in his absence, the commercial building’s ownership will be jointly held by his wife Robin and Randy.

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