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Sears v. Catholic Archdiocese of Washington

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Argued March 26, 2008

Before RUIZ, and BLACKBURNE-RIGSBY, Associate Judges, and JOSEY-HERRING, Associate Judge, Superior Court of the District of Columbia.*fn1

Appellants appeal from summary judgment dismissing their complaint for a declaration of their ownership in a piece of land — known as “Old Lot 826″ — by adverse possession. Appellants (William Sears, Stephen Howard and Alison Kretzschmar) own three properties that back onto Old Lot 826, which is titled to appellees, the Catholic Archdiocese of Washington and Saint Peter’s Parochial School (jointly referred to as “Archdiocese”). Appellants claim that the trial court erred in dismissing their complaint for quiet title in Old Lot 826. First, appellants argue that they acquired ownership to Old Lot 826 based on their predecessors’ adverse possession, which they say transferred to them by deed when they bought their respective properties. Appellants also assert, in the alternative, that they now own the land as a result of their own adverse possession, after “tacking,” or adding, their predecessors’ time of adverse possession to their own. We disagree with appellants on both points for the reasons that follow, and affirm the judgment of the trial court.*fn2

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