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51. What is the most likely explanation for the court's decision?
Last year, the woman died intestate, leaving a son as her only heir. The son sued the city, claiming ownership of the land, but the court found against him.
The period of time to acquire title by adverse possession in the jurisdiction is 10 years.
Seventeen years ago, the city discontinued using the land as a park. Because the city needed additional parking for nearby city buildings, it paved the land and has used it as a parking lot ever since.
Twenty years ago, a woman conveyed land to a city so long as the city used the land «for park purposes.» The deed was promptly recorded.
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B is incorrect. The changing needs of the city did not make the city's actions permissible. The woman could have filed a timely claim that the city had violated the terms of the deed prior to the running of the 10-year period for adverse possession.
C is incorrect. Lapse occurs when a recipient under a will dies before the testator. That is not what occurred here.
D is incorrect. When the woman conveyed the land to the city, she retained a possibility of reverter, which became possessory when the city ceased to use the land for a park. At that time, the woman had a cause of action against the city. Her failure to bring an action in a timely manner allowed the city to gain title to the land through adverse possession.