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qid 1773 · law

Question: In 1985, a widow, the undisputed owner of a cottage, leased it to a tenant for a term of seven years. Rent was to be paid in installments due on the first day of each month. One year later, in 1986, the widow died leaving no heirs. In her will, the widow left her entire estate to the Boy Scouts of America. The cottage was not specifically mentioned in the will. One month after the widow died, the tenant, having learned of her death, decided to remain on the property, but stopped paying rent. The Boy Scouts of America organization was unaware that the widow made a gift to the organization until 2009, when attorneys for the organization conducted an inventory of testamentary gifts to the Boy Scouts of America, which revealed that they had a claim to ownership of the cottage. The statutory period for adverse possession in this jurisdiction is 20 years. The tenant's statutory period for adverse possession began to run when

  1. the tenant first moved into the cottage.
  2. the Boy Scouts of America discovered the gift in the will.
  3. the widow left no heirs.
  4. the Boy Scouts of America took legal action.
  5. the tenant initially signed the lease.
  6. the widow died.
  7. the tenant's lease with the widow expired.
  8. the tenant discontinued paying rent.
  9. the tenant subjectively believed that he no longer had permission to possess the cottage.
  10. the widow first leased the cottage.

Our answer: I. the tenant subjectively believed that he no longer had permission to possess the cottage. Source quote machine-checked (at mint)

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How it was answered

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Current source

Powell on Real Property, ch. 91, Adverse Possession (objective test versus claim-of-right and good-faith formulations of hostility)

Source weak (edition_page)

retrieved 2026-09-16T22:14:06.748Z

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