Brief Fact Summary. During the statutory period, a couple lived on a piece of land and treated it as their own. Title was actually held by another party.
Synopsis of Rule of Law. When one party possesses another’s property in a way that is exclusive, continuous, and without permission for a statutorily set period of time, title transfers to the adverse possessor and the owner will be barred from bringing an action of ejectment against the possessor.
Issue. Can a person have adverse possession of property if they did not construct significant structures on it and was only present on the property seasonally?
Held. Yes. Judgment remanded.
In order to establish title by adverse possession, it must be proved that the use of the land was continuous, open and notorious, exclusive, and hostile to the true owner.
The quality and quantity of acts required for adverse possession depend on the character of the land, so a person claiming adverse possession does not have to make significant improvements or occupy the land year-round in order to make a claim. The land must be used during the statutory period in the way an average owner of similar property would use it. When the land in question is rural, a lesser exercise of dominion and control may be reasonable.
The use was notorious because if the landowner had checked on the land, he would have noticed that someone was using his property.
The use was hostile because the possessors acted as if they owned the land without asking permission for its use.
However, the Fagerstroms did not use the southerly portion of the land in a way that would provide notice to the owner of their dominion and control, so they did not obtain adverse possession of that property.
Thus, the claimant's possession need not be absolutely exclusive; it need only be a type of possession which would characterize an owner's use.View Full Point of Law