Adverse Possession

This assignment is to take the form of a Predictive Memorandum for a law firm

(Benson v Deary)


Gabriela Benson is a potential client of our firm, UWIST, who has approached us about representing her in a dispute over title to two lots of land jointly referred to as 10 Rose Estates, Yellow Grave Road, Catarigua, Trinidad. She has been living on this land since June, 1991 when Catherine Deary, her mother’s friend, first granted her the right to live there. Absent Ms. Deary’s death, Ms. Benson and Ms. Deary were to discuss transfer of title to the land six years from now. However, given the untimely death, Fredrick Deary, Ms. Deary’s son and heir, has now requested that she vacate his property.
Ms. Benson has asked us to advise her whether she can seek to establish herself as the lawful owner of the land. Under Trinidadian law, we need to determine whether Ms. Benson can seek a declaration that she is the lawful owner of the disputed land and that the title of Fredrick Deary and his predecessors in title to the disputed land has been extinguished.
To determine whether Ms. Benson can seek such a declaration, the issue to be proven is acquisition of title through adverse possession. At this point in time, the first is not interested in examining any equitable remedies such as promissory estoppel. The only issue you are to focus on is whether or not the elements of adverse possession have been met or not. Your prediction in this case is vital to understanding whether we should accept Ms. Benson as a client and what the reasonable probability of success will be.
I am attaching a summary of my initial interview with Ms. Benson which relates the factsof the case.

Remember your goal should not be to persuade the partners at our firm of your conclusion but to provide them with the tools necessary to evaluate the issue independently. Thus, you need to point out the considerations on both sides of the issue and arrive at the best prediction of the outcome of the case, even if it is contrary to Ms. Benson’s interests. Actual cases should be used and discussed to present arguments on both sides.
You are drafting a predictive memorandum to the partners of our law firm.

As such, you must organize the memorandum as you would a typical office memorandum, which includes the following headings:

1) Memorandum Heading
2) Question(s) Presented
3) Brief Answer
4) Statement of Facts
5) Discussion
6) Conclusion

Please see attached file for the fact pattern related to this assignment…
I have also uploaded an adverse possession worksheet that has cases on Trinidad law…

Please advise if this can be undertaken…p(7)

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