Present 'Clear, Convincing' Facts To Prove Adverse Possession

Wednesday, December 27, 2017 9:27 am
Land Use Law Report, Volume 46, Number 1

A family established adverse possession at the appellate level by demonstrating that their use of the property in question met all of the statutory elements.

Facts: In 1972, Thomas M. Helms and Barbara S. Helms bought a 102-foot-long piece of property that bordered property owned by James L. Manspile and Sheri N. Graham (the Manspiles). A 50-year-old barbed-wire fence wrapped around the northern border of the parcel, and the Helms considered the fence to be their property’s border. In 1998 or 1999, the Manspiles asked the Helms if they could replace that fence. The Helms assented, and the Manspiles built a new fence located in the same place as the old one.

The Helms’ predecessors kept cattle, cows, and a horse on the parcel. They also built a smokehouse and some other small outbuildings. After the Helms bought the parcel, they cleared brush from it, maintained dog kennels on[..]