Question

Olivia purchased a two-story home from Skylar in the town of Sallisaw, Oklahoma. The warranty deed did not specify what covenants would be included in the conveyance. The property was adjacent to a public park that included a popular Frisbee golf course. Sallisaw Creek ran along the north end of the park and along Olivia's property. The deed allowed Sallisaw citizens the right to walk across a five-foot-wide section of the lot beside Sallisaw Creek as part of a two-mile public trail system. Teenagers regularly threw Frisbee golf discs from the walking path behind Olivia's property over her yard to the adjacent park. Olivia habitually shouted and cursed at the teenagers, demanding that they not throw objects over her yard.

Using the information presented in the chapter, discuss whether or not Olivia can file a trespass lawsuit against some teenagers who continually throw Frisbees over her land.

Answer 1

Answer 1) The answer for above question is No, Olivia cannot file a case against the teenagers playing around that area because in the deed it allowed Sallisaw citizens the right to walk across a five-foot-wide section of the lot beside Sallisaw Creek as part of a two-mile public trail system. So this clearly defines that there is some free area given to public which can be used for any public work so in this case Olivia doesn’t has the right to file a trespass lawsuit against some teenagers.