Rake, twenty-five years ago, put a fence around a piece of
land. At the time, Rake knew that fence not only surrounded his
land but also a sizable piece of Howe’s land. Every summer Rake
planted a garden on this land surrounded by the fence. Howe
recently sold all of his land to Cross. Cross has found out about
the fence line and has asked Rake to either move the fence or pay
Cross for the land in question. What is the result?

(d) Rake has fulfilled the elements necessary to gain title
to this land in question by adverse possession. These are:
(1) open and notorious possession, (2) hostile possession shown
by the fence, (3) actual possession, (4) continuous possession,
and (5) exclusive possession for twenty-five years. Note that it is
considered continuous possession even though the gardening is
only during the summer, because the fence is constantly there.
Answers (a), (b), and (c) are incorrect because since Rake obtained
title to the land in question, he does not have to move the
fence or pay for the land.