Warren v. Burnham

Under the circumstances, mowing and performing basic lawn maintenance on the 18-inch strip in conjunction with maintaining the rest of the lawn was legally insufficient to satisfy the open and notorious requirement of adverse possession.

The parties are next-door neighbors and are disputing whether the plaintiffs had taken possession of an 18-inch strip of land between the properties. The defendants appeal the case assigning error to the trial court's ruling that the plaintiff had adversely possessed the land. On appeal, the Court agreed with the defendants that the evidence was legally insufficient to establish “open and notorious” possession. The previous owners’ use of the strip was not significant enough to put the true owner on notice that their title was being challenged. Whether the use of the property “was of such a character as to put the true owner on notice of a title challenge ultimately must be judged from the perspective of the true owner.” Under the circumstances, mowing and performing basic lawn maintenance on the 18-inch strip in conjunction with maintaining the rest of the lawn was legally insufficient to satisfy the open and notorious requirement of adverse possession. The case is reversed and remanded.