A landowner owned a large estate, which contained a small lake, in a Southern state. There was an island in the middle of the lake. Each day, a prominent married politician and her lover would swim to the island in a very surreptitious manner, and they make love in a small shelter which they had constructed on the island. Although they thought that their activity went unnoticed, the landowner observed them one day after they first went to the island, and made it a point to watch them at regular intervals thereafter. Twenty-one years after the politician and her lover had constructed their shelter on the island, the politician was turned out of office by the voters. She thereupon divorced her husband, married her lover, and claimed ownership of the shelter on the island.
In an action to establish title, the politician should:
A. Prevail, because her possession was open and notorious, even though she did not know that the landowner was aware of her activity.
B. Not prevail, because her possession was not open and notorious.
C. Not prevail, because she had unclean hands.
D. Not prevail, because her use was permissive.
{ 11 comments }

