If Steve Panda has a home in West Lafayette, Indiana and the home was built in 1
ID: 359224 • Letter: I
Question
If Steve Panda has a home in West Lafayette, Indiana and the home was built in 1966, and at the same home, the prior owners in 1988, built a dog run kennel. If Steve had the land surveyed and found out that half of the dog kennel, which has a concrete floor and a fence around it, is on our neighbor's property. What legal right does Steve have to the half of the property that is on the neighbor's property? a. no right to it since the property is not part of the surveyed property and not listed on the deed. b. the right to it under prescriptive easement. c. the right to it under adverse possession. d. the right to it under res ipsa liquitor. e. the right to it under a real property lien.Explanation / Answer
b. the right to it under prescriptive easement
Under this, someone who has used a property continuously for a long time without any objection knowingly or unknowingly by the actual owner gains the right for continued use without actually becoming the owner. This condition matches with Steve's case wherein the issue of dog kennel built covering half of neighbor's land in 1988 was still to be discovered and both the owner and Steve remained oblivious to this fact. Hence, once land survey is done and discovery is made, Steve will have the right to use the land under prescriptive easement.