Adverse possession is limited to area possessed.Mr. and Mrs. Harry Larson owned a large farm which straddled Route 44 in the town of Milford(Otsego County Otsego County is the name of several counties in the United States:
The Larsons divorced. In the divorce settlement, which occurred in 1975, the Larsons intended to convey the one parcel of the farm on the west side of the highway to Harry Larson, the husband, and to convey the parcel on the east side of the high way to the Larsons' children. Unfortunately, the deed deed, in law, written document that is signed and delivered by which one person conveys land or other realty (see property) to another. A deed may assure the extent of the conveying party's ownership or, if the party is uncertain of the precise extent, he issues a to the children inaccurately included substantial acreage on the west side of the highway (which was intended to be conveyed to Harry Larson). After Harry Larson's death, the entire farm was conveyed to the Krol family, and thereafter, in July 1984, Mr. and Mrs. Benjamin Eckman purchased the children's farm, on the east side of the highway. The deed to the children's farm again included the acreage on the west side. A dispute eventually arose between the parties as to the location of the boundary of their properties on the west side of the highway. To resolve this dispute, the Krols commenced an action for declaratory DECLARATORY. Something which explains, or ascertains what before was uncertain or doubtful; as a declaratory statute, which is one passed to put an end to a doubt as to what the law is, and which declares what it is, and what it has been. 1 Bl. Com. 86. judgement. The Krols claimed that they were entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to that portion of the children's farm which was inadvertently included in the deed to the area on the west side of the highway because of adverse possession. They claimed that for more that the 10-year period specified by law for adverse possession, they maintained continuous, open, notorious and exclusive possession of the disputed land on the west side of highway. The Supreme Court in Otsego County ruled in favor of upon the side of; favorable to; for the advantage of. See also: favor the Krols and held that all of the disputed property on the west side of the highway, which consisted of approximately 52 acres, belonged to the Krols by adverse possession, since they used it for more than 10 years in and open and exclusive manner. When the decision was then appealed to the Appellate Division In several jurisdictions, the Appellate Division is the name of a court, or division of a court, that hears appeals from lower courts.
The Appellate Division held that the record showed that of the 52 acres involved, only five to 10 acres comprised the land which was actually utilized. These five to 10 acres were used as a hayfield. The remainder of the land was unused, since it was steep, rugged an wooded. It was unsuitable for any kind of farming. The Appellate Division ruled at with respect to the hayfield, the evidence clearly showed that the Krols did exercise exclusive and continuous control, since they rented the hayfield to several persons ver the years. In fact, they rented it to the Eckmans themselves for a period of two years. This demonstrated that the Krols exercised the required actual, open, notorious, exclusive and continuous control over the hayfield for more than 10 years. However, as to remainder of the 52 acres, the only evidence contained in the record was that the Krols used that area for firewood and that they bulldozed some trails throughout that disputed area. The Appellate Division held that such activities did not rise to the level required by law for acquiring land by adverse possession. The use of the disputed property intermittently in·ter·mit·tent adj. 1. Stopping and starting at intervals. See Synonyms at periodic. 2. Alternately containing and empty of water: an intermittent lake. for several days a year for a period of 10 years as a source for firewood was not enough to put the Eckmans on notice that the Krols were exercising dominion dominion, power to rule, or that which is subject to rule. Before 1949 the term was used officially to describe the self-governing countries of the Commonwealth of Nations—e.g., Canada, Australia, or India. and control over this area. If it had been clear-cutting of timber or logging of timber on a large area of the property, such notice would have been given. Rather, the cutting of firewood was confined con·fine v. con·fined, con·fin·ing, con·fines v.tr. 1. To keep within bounds; restrict: Please confine your remarks to the issues at hand. See Synonyms at limit. to thinning out timber in isolated areas of the property, which very likely would go unnoticed. In addition, the claim of bulldozing trails through this disputed acreage was not convincing since there was no evidence, such as maps or surveys, that showed the extent of this activity. Thus, the Appellate Division, in applying the appropriate standard of proof, concluded that the Krols' sporadic sporadic /spo·rad·ic/ (spo-rad´ic) occurring singly; widely scattered; not epidemic or endemic. spo·rad·ic or spo·rad·i·cal adj. 1. Occurring at irregular intervals. 2. forays into this undeveloped and inaccessible inaccessible Surgery adjective Unreachable; referring to a lesion that unmanageable by standard surgical techniques–eg, lesions deep in the brain or adjacent to vital structures–ie, not accessible. See Accessible. land did not establish their continuous, exclusive use of the land for more than 10 years as required by law. The result was that the Appellate Division agreed with the Supreme Court that the Krols acquired the hayfield area as a result of adverse possession, but declared that the remaining area still belonged to the Eckmans. |
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