Bifalgorithm post · Property · Such is the case here. Therefore, the 1997 letter was
Owner-like
Owner-like (Property · Such is the case here. Therefore, the 1997 letter was) — "The plaintiff’s use of the land was somewhat sporadic and seasonal in nature,…
Ideas in this flowchart
- The plaintiff established adverse possession of lot 19.
- Her use was sporadic and seasonal but consistent with use of a vacant beach-area lot adjoining a home.
- Uncontradicted testimony showed that she cut the grass, planted flowers, improved flower beds, and entertained on the property.
- These activities were compatible with the use expected of an owner of unimproved land.
- Cultivating land, planting trees, and making customary improvements can prove the required possession.
- Even excluding improvements after the 1997 letter, there was overwhelming evidence of dominion over lot 19 for well over ten years.
- Under the deferential standard of review, the trial justice was not clearly wrong.
- The plaintiff’s use for more than two decades satisfied the legal requirements for adverse possession.
- The Superior Court judgment should therefore be affirmed.
