Scott v. Anderson-Tully Co.

154 So. 3d 910 (Miss. App. 2015)

 

RULE:

An adverse possessor's use of a claimed property must be peaceful. Miss. Code Ann. § 15-1-13(1) (Rev. 2012). Expected disputes associated with the use or ownership of the property are not indicative of the possession not being peaceful.

FACTS:

An individual filed suit seeking damages after a company removed timber from a twenty-acre parcel of land he claimed to own. He also sought to quiet and confirm title and to enjoin the company from entering the land. The court dismissed his claim, finding that the company had acquired title to the twenty acres through adverse possession. The case was appealed to the Court of Appeals of Mississippi.

ISSUE:

Did the company acquire the land through adverse possession?

ANSWER:

Yes

CONCLUSION:

The Court held that substantial evidence in the record supported the courts finding that the company, an adjacent landowner, proved adverse possession by clear and convincing evidence where it openly and notoriously possessed the disputed 20-acre tract from 1969 until the purported owner's complaint was filed in 2010, the adjacent landowner marked its perceived boundary line with blue paint when it purchased the property in 1969 and repainted the boundary line in 1986 and 1998, the adjacent landowner managed timber uninterruptedly from 1969 to 2010 and harvested timber in 1990, 1999, and 2010, and no testimony was presented that the purported owner or anyone else used the disputed property after 1969.

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