Tacking Findings

"The defendants did not maintain the fence nor did the defendants make any use of the small area of land in dispute between the boundary line and fence. The upshot is that the circuit court failed to make any findings that would dispose of the defendants’ tacking claim. As we have stated several times above, a circuit court sitting without a jury cannot paint with too broad a brush. Rule 52(a) requires the trial judge make findings and conclusions of law that are sufficiently detailed to permit a reviewing court to ascertain the factual core of, and the legal foundation for, the ruling below. This bedrock rule has particular force in cases of this genre. Adverse possession claims are often marked by a significant degree of complexity. Typically, the resolution of such claims demands a careful sifting of imbricated and highly ramified facts. The legal principles that must be applied are convoluted, and they almost always touch upon ancient common-law precepts. Accordingly, a trial court must be scrupulous in chronicling the relevant facts and delineating the linkage of those facts and the ultimate conclusion of adverse possession vel non. To this end, the circuit court must discuss not only the evidence that supports its decision but also all the substantial evidence contrary to its opinion."