Editing Property Dukeminier/Outline
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===The Open and Notorious Requirement (Caves, duh) (p. 122)=== | ===The Open and Notorious Requirement (Caves, duh) (p. 122)=== | ||
NOTE CASE – | NOTE CASE – Marengo Cave Co. v. Ross (Ind. 1937)—Cave was under the land of both Ross and Marengo, entrance to cave on Marengo’s land. Ross did not know that the cave ran under his land. Marengo started a business and started charging entry fee for cave and giving tours for many years. Business was well known to Ross. Court found that Marengo did not have good AP claim because his possession of the cave under Ross’ property was not notorious. Finding out that the cave ran under Ross’ land would have required a survey, and such survey would have required Ross to get permission from Marengo because only entrance to cave was on Marengo’s land. Cost of survey was therefore high relative to the value of the land in question. Moreover, the discovery rule says that statute of limitations does not begin to run until plaintiff knew or should have known of defendant’s wrong. Opinion implies that it is not reasonable to say Ross knew or should have known of Marengo’s trespass until the results of the survey are revealed. Finally, court says underground trespass is a form of fraud. Case shows that although notorious requirement is usually obvious, it can be tricky in some circumstances. | ||
===The ad coleum Doctrine (p. 122)=== | ===The ad coleum Doctrine (p. 122)=== | ||