Norman v. Allison
View opinion on Lexis AdvanceFacts:
Plaintiff held record title to a farm that adjoined defendants' farm. Plaintiff replaced a road and fence that crossed both tracts with the consent of the previous owner of defendants' land. Both fences cut a triangular tract of land of defendant's farm.
Procedural History:
The circuit court found that plaintiff did not possess defendants' triangular tract under a claim of right and denied the appellant relief.
Issue:
Did plaintiff gain title to defendant's land through adverse possession?
Rule:
Occupying land under a mistake as to the boundary line, without intended to claim beyond the true line is not adverse possession.
Reasoning:
Plaintiff's intention was that he was "merely building a fence." This showed that he did not intend to adversely possess land beyond his own.
Holding:
No, he lacked the claim of right to adversely possess it. Affirmed.