Kline v. Kramer - 179 Ind. App. 592, 386 N.E.2d 982 (1979)

Rule:

The real test, as to whether or not real estate is held adversely, is the intention of the parties, or the intention with which a party takes and holds possession. It is not merely the existence of a mistake, but the presence or absence of the requisite intention to claim title that fixes the character of the entry and determines whether the possession is adverse.

Facts:

This case for the quieting of title involves a classic boundary line dispute between neighbors. The disputed stretch of land forms the northern boundary of the Kramer property and the southern boundary of the Kline property. Both parties claim title to the land through their predecessors-in-interest. The Klines, who acquired ownership of their property in 1972, base their claim to the disputed stretch of land on the legal description contained in their deed. The Kramers, who purchased their land in 1968, claim title to the disputed stretch of land on the theory of adverse possession. The Kramers assert that the twenty-year period of possession necessary to establish adverse possession was satisfied by tacking the period of possession by the previous owners of his property, Harry and Hazel Britt. Harry Britt testified that when he purchased the present-day Kramer property in 1947, a fence existed along the northern boundary of the land. Britt maintained the fence during his period of ownership. Photographs of the fence-line were introduced into evidence at the hearing in which Britt identified old fence posts he had set in maintaining the existing fence and familiar trees which had grown in the fence-line during his tenure on the land. While Britt testified that he never contemplated that he was claiming land that belonged to his neighbor, the fence in fact described a line which ran roughly one to four feet north of and parallel to the legally-described northern boundary of his property. Britt testified that he felt that he owned the property up to the fence line and that he used it to plant crops and pasture cattle. It was his belief that he had bought "what was inside the fence." Similarly, Britt stated that when he sold the land to the Kramers in 1968 he intended to convey to them all the land enclosed by the fence. On the other hand, F. Richard Kramer testified that he believed that he had purchased the property up to the fence that ran along the northern edge of his acreage. In 1972, Kramer inadvertently allowed his tractor to roll through the fence, tearing out a middle portion of it. Kramer repaired the break in the fence by stretching new fencing between the remaining old fence and fence posts to the east and west of the break. This new portion of the fence was set in the exact location of the old fence, according to Kramer, who noted that the new section followed a trail which cattle had worn along the old section. He concluded by stating that he had made improvements which encroached on the disputed stretch of land, that he had no knowledge of the true boundary line until Kline had conducted a survey of the land, and that he had paid taxes on his property according to the tax receipts sent to him by the County Treasurer. Based on these alleged facts, as well as the affidavits on file, the trial court granted the Kramers' motion for summary judgment, finding that they had acquired title to the disputed stretch of land through adverse possession. 

Issue:

Did the trial court err in holding that the Britts’ possession was adverse?

Answer:

No.

Conclusion:

While it is true that the Britts did not intend to claim the land of their neighbors, the record clearly reveals that they intended to claim all the land within the parameters of the fence which ran along the northern boundary of their property. They did not recognize that their ownership was subservient to their neighbor's title, nor did they acknowledge that they had no legal right to possession of the property. In all respects they acted as the sole owner of the property, maintaining the fence and using the land in a manner consistent with its normal purposes. This evidence clearly establishes that the Britts intended to claim title to the disputed strip of land. The only mistake involved in the Britts' possession was their belief that they were merely acting in a manner consistent with their ownership rights, a fact which does not negate the conclusion that their possession was adverse. This uncontroverted evidence also establishes the Britts' "intent to claim title" to the contiguous strip of land, as the Klines have characterized the element of adverse possession. This element is more aptly defined as "a claim of ownership." The element is satisfied by entering upon and occupying the land with the intent to hold the land as one's own.