Neighbors Take Property by Adverse Possession

The Boyds purchased their property in 1981; it had a fence that separated property to the east, which the Roberts purchased in 1990. In 2002 the Boyds surveyed their property and found their boundary extended up to 96 feet inside the Roberts side of the fence. The Boyds sold the property to Winningham in 2004, who began tearing down the fence until he was enjoined by the trial court. After the Roberts v. Boyd decision, the trial court held the Roberts had adversely possessed the disputed property.

The Court of Appeals based its decision on the fact that the Roberts tended to the disputed tract of land. They spread fertilizer and planted grass as an exhibit of ownership. The court agreed that the Roberts satisfied all elements of adverse possession and affirmed the trial court’s ruling.

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