Property I, Pages 182–187

Norman v. Allison

Missouri Court of Appeals, 1989

Facts:

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.

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