When Uncle Izzy died, his will left Blackacre, a piece of property located in State Black, to his favorite nephew, Seymour, a resident of State White. Seymour never bothered to visit the property. Meanwhile, back in State Black, Michael noticed that Blackacre was now unoccupied. Not one to miss an opportunity, Michael leased Blackacre to Theresa. The lease was in writing and Theresa agreed to pay Michael an annual rent, which she always did promptly. Theresa had been leasing Blackacre from Michael for 15 years, when Seymour took a trip to State Black and decided to take a look at Blackacre. Upon discovering Theresa's occupancy, Seymour filed suit to quiet title, joining Michael in the action. In State Black, the statute of limitations for bringing an ejectment action for trespass to real property is set at 10 years. Whom shall the court declare to be the owner of Blackacre?
A. Seymour, because a lease to a third party does not constitute occupancy by Michael.
B. Seymour, because he was unaware that another was occupying Blackacre.
C. Michael, because Seymour abandoned Blackacre.
D. Michael, because occupancy by a tenant is sufficient possession by Michael to invoke adverse possession.
Choose A, B, C or D as your solution.
D