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Fuchs and Shah owned large adjoining tracts of land. The boundary line between the two properties was never properly determined or clearly known.
In 1966, Fuchs installed a gas-powered generator on land he thought he owned, but which was in fact owned by Shah. The generator was housed in a small shed and surrounded by a fence. During the summer months, Fuchs ran electrical wires from the generator to a guesthouse across land he knew belonged to Shah. Shah orally consented to the wiring’s crossing her land.
In 1979, Shah was found to be mentally incompetent. She died in 1990, and her executor filed suit to eject Fuchs and quiet title. The statute of limitations in ejectment is 20 years.
Q. What is the likely outcome of this suit with respect to the land over which the electrical wires were laid?
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Think about the requirements to show rights to the land. Did Fuchs use the land continuously? What effect did Shah’s permission to Fuchs to use her land have?
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