Bifalgorithm post · Property · Adverse Possession
Property Dispute
Property Dispute (Property · Adverse Possession) — "I. FACTUAL AND PROCEDURAL BACKGROUND The plaintiffs instituted this action by filing a complaint on August…
Ideas in this flowchart
- Factual and procedural background of the boundary-land dispute
- Initial pleadings and claims
- The plaintiffs filed a complaint seeking to enjoin interference with their intended use of the two-feet-wide tract.
- The defendants answered and counterclaimed ownership of the tract by adverse possession.
- The defendants’ circumstances and understanding of the property
- The defendants purchased their property by deed dated April 24, 1985.
- A fence enclosed the two-feet-wide tract and made it appear to be part of the defendants’ property.
- The defendants were told by their real estate agent that their property included the fence, and the deed calls appeared consistent with that understanding.
- The defendants believed they owned the tract and used it consistently with ownership rights until the lawsuit.
- The plaintiffs’ knowledge and conduct concerning the tract
- The plaintiffs purchased their property by deed dated April 28, 1989, after obtaining a survey.
- The survey showed that the fenced-in two-feet-wide tract belonged to the plaintiffs.
- Although aware of their ownership, the plaintiffs took no action to demonstrate ownership until about August 1994.
- The 1994 dispute and commencement of litigation
- The plaintiffs planned to build a road along the tract, which required removing several trees.
- The defendants apparently tried to prevent the road by asserting ownership of the tract.
- The plaintiffs then instituted the present suit.
- The circuit court tried the matter as factfinder on December 13, 1994.
- The trial court made findings of fact and conclusions of law, including a holding that the defendants had failed to establish a stated requirement.
