Law Essay , law homework help
In 1990, Bob, then a resident of State X, purchased a lakefront home in New YorkState. From the time he purchased the property, Bob reasonably believed the northernboundary to be five feet north of the true northern boundary line and the southernboundary to be five feet south of the true southern boundary line.Bob occupied the property every summer. The first summer he erected a fencealong what he believed to be the southern boundary.Bob did nothing to occupy or cultivate the five-foot strip north of the true northernboundary line until 2004, when he cleared it and extended his lawn onto that five-footstrip, which he then regularly mowed. That same year he also erected a storage shed onthe northerly five-foot strip.In 2010, Bob married Marsha in State X, where they resided, although they spenttheir summers at Bob’s lakefront home. In May 2014, Bob and Marsha moved fromState X to New York City.Shortly after moving to New York, Bob and Marsha executed an agreement inwhich each agreed to waive any right of election against the other’s will. Bob andMarsha signed the agreement before two witnesses who also signed the agreement.In February 2015, Marsha left their marital home in New York and returned toState X, indicating that she was never going to return to New York or to Bob wherever hemight live.In June 2015, Bob commenced an action in New York against Marsha for divorceon the ground of irretrievable breakdown of the marriage and for equitable distribution ofthe marital assets. Bob caused the summons and complaint to be personally served onMarsha in State X by an authorized State X process server.Marsha has moved to dismiss the complaint on the grounds that (a) it fails to statea cause of action as to the alleged ground for divorce, (b) the residency requirement forbringing the action was not satisfied, and (c) the court (i) lacks jurisdiction over thesubject matter of the action and (ii) lacks personal jurisdiction over Marsha.1. (a) If Bob brings an action to establish his having title to thenorthern strip, should he be successful?(b) If Bob brings an action to establish his having title to thesouthern strip, should he be successful?22. Should the court grant Marsha’s motion to dismiss the complaint? Discusseach of grounds (a), (b) and (c).3. Is the agreement signed by Bob and Marsha enforceable?
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