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Brief Fact Summary. Appeal regarding an action for claim of title under adverse possession of a right of way.
Synopsis of Rule of Law. At the time of this case, to acquire real title to property by adverse possession, it must be shown by clear and convincing proof that for the statutory period of time there was actual occupation under a claim of title. The essential elements of proof are that the premises are protected by a substantial enclosure or usually cultivated or improved.
Issue. Whether title was acquired to subject premises by virtue of adverse possession?
Held. Reversed. The proof fails to establish actual occupation for such a time or in such a manner as to establish title by adverse possession. The premises were not protected by a substantial enclosure and there is no proof to show that cultivation incident to the garden utilized the whole of the premises claimed. Furthermore, the facts failed to show the premises were improved.
The type of improvement or cultivation activity sufficient to supply the record owner with notice of an adverse claim will vary with the nature and situation of the property and the uses to which it can be applied and must consist of acts such as are usual in the ordinary cultivation and improvement of similar lands by thrifty owners.View Full Point of Law