CLASS EXERCISE: COMMON LAW APPLICATION A v. B 1620 A (who came to his land, Alfa
ID: 421555 • Letter: C
Question
CLASS EXERCISE: COMMON LAW APPLICATION A v. B 1620 A (who came to his land, Alfalfa-acre, in 1618) filed lawsuit against B (who came to the land, Beanacre, in 1619). A claims that B encroached on A’s land, by planting beans (which were planted by B) onto A’s land. Neither party has witnesses, only written proof of when they came into ownership of their parcels of land. A has sought to arrive at a mutually amicable solution as to the issue but B is insistent that he owns the land. What should be the result? C v. D 1622 C (who came to his land, Apple-acre, in 1620) filed lawsuit against D (who came to the land, Grassacre, in 1621). C’s apple tree boarder’s D’s lot. As a result, when the apple tree produces fruit, the apples falls on D’s lot. D takes the apples and sells them for a handsome profit. A’s files suit to enjoin D. Both parties have written proof of when they came into ownership of their parcels of land. D has refused to settle with C. What should be the result? Farmer A Farmer B Farmer C Farmer D Issue? Arguments Reasoning Decision/Holding New Rule of Law
Explanation / Answer
From the case of A and B it should be decided that no matter who planted beans the official record will show the ownership of the land. The court will demarcate the land and ask the land assessment department to carry a survey on the land and decide the ownership of the land. If the land fall under the ownership of A then A will have exclusive rights over the beans and if B then B.
In the case of C and D, D has no right to collect the apple which falls from C's apple tree. Through the same process as discussed above, ownership of the land will be decided. C can collect the apple from D's lot as the former is the owner and title holder of the land.