Civil Law, 2011 Bar — Question 82

MULTIPLE CHOICE

The residents of a subdivision have been using an open strip of land as passage to the highway for over 30 years. The owner of that land decided, however, to close it in preparation for building his house on it. The residents protested, claiming that they became owners of the land through acquisitive prescription, having been in possession of the same in the concept of owners, publicly, peacefully, and continuously for more than 30 years. Is this claim correct? A) No, the residents have not been in continuous possession of the land since they merely passed through it in going to the highway. B) No, the owner did not abandon his right to the property; he merely tolerated his neighbors' use of it for passage. C) Yes, residents of the subdivision have become owners by acquisitive prescription. D) Yes, community ownership by prescription prevails over private claims.

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