Writing Assignment 2. Trespass, Adverse Possession, Easements.
The Assignment and additional Instructions also found at these links
Writing Assignment 2.Instructions.pdf
Please answer the numbered questions below. Write and save your answers to the questions in a Word (.doc) or Rich Text Format (.rtf) file and attach the file to a Canvas Message or an email to me. Your name and course(s) must be stated at the beginning of your response using the Memorandum format given here:
TO: Professor Frank M. Baglione
FROM: (Student’s name and course(s))
DATE:
RE: Writing Assignment 2. Trespass, Adverse Possession, and Easements
After Reading the Complaint (see below) and completing your research, answer the following. Briefly state the controlling law from the statute or court decision. On question 5, apply the law to the facts alleged in the Complaint. You may quote from the relevant statute or case law in answering, just make sure to cite to the source.
1. Give the legal definition of Trespass in Florida?
2. Give the legal definition and elements of Adverse Possession in Florida?
3. Give the legal definition and elements of an Easement by Necessity in Florida?
4. Give the legal definition and elements of a Prescriptive Easement in Florida?
5. In the portion of the Complaint excerpted below, taking all allegations by the Plaintiff as true, has the Defendant established Adverse Possession, Easement by Necessity, or a Prescriptive Easement over any part of the Plaintiff’s property? Explain why or why not (e.g., Defendant was not in possession of or using the property for the time period required by …) and cite the statute or case authority.
In answering, consult the statutes and cases listed here, all of which are available online, and any other research on the issues of this assignment you find.
