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Tucker and Hankey Were Adjoining Property Owners

question 8

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Tucker and Hankey were adjoining property owners. Tucker claimed that the fence separating their properties was not located properly and that it should be moved back onto Hankey's land. Hankey claimed that he owned the strip between the fence and the alleged boundary line by adverse possession. He proved that for forty (40) years there had been on the strip in question a barn with a cement floor, which had been built by the person from whom he purchased his land, and that he had been told by the former owner that the fence was the boundary line. The fence consisted of five-foot-high barbed wire set in cement. Did Hankey own the strip by adverse possession?


Definitions:

Intentional Torts

Deliberate acts committed by individuals or entities that cause harm or damage to others, leading to civil liability.

Scope Of Employment

Scope of Employment encompasses the range of activities and duties an employee is authorized to perform as part of their job and for which an employer is responsible.

Respondeat Superior

A legal doctrine holding an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of employment or agency.

Respondeat Superior

A legal doctrine that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, performed within the scope of employment or agency.

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