Riverland Plantation Part'p., et al. v. Klingler, et al.
| Docket Number: | 2005-CA-01611-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-14-2006 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Adverse possession Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 07-21-2005 Appealed from: WARREN COUNTY CHANCERY COURT Judge: Vicki Barnes Disposition: CHANCELLOR ENTERED FINAL JUDGMENT RULING THAT TITLE TO PROPERTY SHOULD BE QUIETED AND CONFIRMED IN KINGSPOINT. Case Number: 2004-075 GN |
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| Party Name: | Attorney Name: | |||
| Appellant: | Riverland Plantation Partnership, a Louisiana General Partnership, and Robert F. McDowell |
JERRY L. MILLS |
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| Appellee: | ANTON KLINGLER, ANTON KLINGLER, III, HANS GRUNDMANN D/B/A KINGSPOINT FARMS, A MISSISSIPPI PARTNERSHIP, AND COMMUNITY BANK OF MISSISSIPPI | JAY MAX KILPATRICK |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Adverse possession |
| Summary of the Facts: | Kingspoint Farms, Anton Klingler, Anton Klingler, III, and Hans Grundmannfiled suit against Riverland Plantation and Robert McDowell seeking to confirm and/or quiet title to 29.785 acres of land located in Warren County. Riverland filed a counterclaim asserting that it had acquired title to the property through adverse possession. The chancery court dismissed Riverland’s claim and confirmed title to the disputed property in Kingspoint. Riverland appeals. |
| Summary of Opinion Analysis: | Riverland argues that the chancellor committed manifest error in finding that Riverland failed to establish the elements of adverse possession. In order for possession to be considered adverse, it must be under claim of ownership; actual or hostile; open, notorious, and visible; continuous and uninterrupted for a period of ten years; exclusive; and peaceful. The would-be adverse possessor must establish each of the six elements by clear and convincing evidence. Substantial credible evidence supports the chancery court’s finding that Riverland’s use of the property was not exclusive. The evidence established that both Riverland and Kingspoint used the disputed property. Anton testified that Kingspoint placed deer stands on the property. He further testified that, without objections from anyone, Kingspoint used the three deer stands that were placed on the property. |
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