Question

REFLECTION QUESTIONS FOR CHAPTER # 28 --- REAL PROPERTY AND LANDLORD-TENANT LAW Read chapter 28 in the textbook and answer the following reflection questions. The answers are to be submitted for grading. Ref Q 1. Harry had a fence on the property line between his farm and an adjoining farm. The fence was put up in 1970 by Harry. In 2010, his neighbor was going to sell his farm and had a survey completed to determine the boundary line. The survey indicated that the fence was 14 inches over onto the neighbor's property. The fence ran for 150 yards and was 14 inches over. Reflect on what you read in the chapter and respond to the following questions? What is the status of the fence? Must Harry remove it? Ref Q 2. The Pennsylvania Highway Department decided to build a connecting highway between two towns to relieve the congestion created by suburban sprawl. Funds were allocated for this. The area designated for the new highway is privately owned by several individuals and companies. What can the state do in order to construct this road?

Answer 1

Q 1: Harry and his neighbour can mutually agree to re-fence the boundary line as per the survey report. However, if the neighbour dosen't agree to do so than harry might face difficulties claiming his share of land.

In most of the states if a piece of property is being handled by someone for a very long period of time, in that case even if the piece of property belongs to someone else, the court rules in the favour of person who was handling the property for so long. Which in this case could happen as the neighbour had been looking after the share of the land for 40 years now. So if Harry takes his neighbour to court, the judgement might go in neighbour's favour.

While there are chances, in some states the judgement might go in favour of Harry, so it totally depends on State laws.

Q 2.  The Pennsylvania Highway Department's decision to build a connecting highway between two towns to relieve the congestion created by suburban sprawl is a step for public convenience. Thus, in a scenario wherein for public benefit if a highway has to contructed and if there are privately owned properties on that route, the state gives the owners of privately owned land compensation as per the current market valuation of their share of land, and asks them to clear the land within a specified time period.

The companies and individual land owners would have to go by decision of State and cannot challenge it, as it is being done for the benefit of the people.