X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:James D. Harlow filed this adverse possession suit against John Matthew Giles, Sam Treldon Cutbirth, Robert Beadel, and Bradley W. Brookshire. Harlow alleged that he owned 28.64 acres in Brown County under the terms of a deed and, alternatively, that he had acquired title to the 28.64 acres by adverse possession. After a nonjury trial, the trial court found against Harlow on his ownership-by-deed and adverse possession claims. Harlow limits his challenge on appeal to the trial court’s finding on his adverse possession claims. In his sole appellate issue, Harlow argues that the trial court erred because the evidence was legally and factually insufficient to support the finding that he had not been in peaceable and adverse possession of any of appellees’ property in the manner or for the period of time required to establish title by adverse possession. HOLDING:Affirmed. Harlow’s adverse possession claims to the two tracts are based on independent facts. Harlow argues that the following evidence regarding the fencing of the 18.9-acre tract satisfied the requirements of the 10-year and 25-year adverse possession statutes: 1. that Weldon Mahan rebuilt the fence separating the 2,215-acre ranch from appellees’ property in 1948; 2. that the 18.9-acre tract was under Harlow’s fence when the Harlows purchased the 2,215-acre ranch in 1961; and 3. that Harlow completely enclosed the 18.9-acre tract in 1973 after McClennahan declined to purchase the tract. Harlow also argues that the following evidence demonstrated his adverse possession of the 18.9-acre tract after completely enclosing it in 1973: 1. that Harlow grazed sheep and horses on the property in the 1970s and one horse on the property until a year before trial; 2. that Harlow leased the 18.9-acre tract to Mahan from about 1978 to 1982 and to Robert Lorah from about 1990 to 1995 for hunting purposes; 3. that Lorah and his guests hunted on the 18.9-acre tract; 4. that Harlow and his brother drilled a water well on the 18.9-acre tract in 1981 or 1982; 5. that Harlow and his son paid taxes on the 18.9-acre tract; and 6. that Cutbirth, Beadel, and Giles knew that Harlow claimed ownership of the 18.9-acre tract. Harlow argues that the following evidence established his adverse possession of the 9.74-acre tract: 1. that Harlow, with the agreement of Brookshire’s predecessor-in-interest, H. R. Stasney, fenced the 9.74-acre tract with a one wire electric fence in 1973; 2. that, until 1990 or 1991, Harlow and his hunters went through the 9.74-acre tract to get to the 18.9-acre tract; and 3. that Harlow and his son paid taxes on the 9.74-acre tract. Harlow did not establish adverse possession as a matter of law with respect to either tract. The appellees presented evidence contradicting many of the factual matters relied on by Harlow in urging his adverse possession claims. The court finds that the evidence was legally and factually sufficient to support the trial court’s finding that Harlow had not been in peaceable and adverse possession of any of the appellees’ property in the manner or for the period of time required to establish title by adverse possession. OPINION:McCall, J.; Arnot, C.J., and Wright and McCall, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.