Taylor v. Bell
| Docket Number: | 2010-CA-01912-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-08-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Adverse possession Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Fair, JJ. Concurs in Result Only: Carlton, J., Concurs in Result Only Without Separate Written Opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 10-18-2010 Appealed from: Chickasaw County Chancery Court Judge: Kenneth M. Burns Disposition: APPELLEES GRANTED TITLE TO LAND BASED ON ADVERSE POSSESSION Case Number: CV2009-100293 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Larry Taylor |
TINA MARIE DUGARD SCOTT |
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| Appellee: | Alford Bell and Shelia Bell | RANDOLPH WALKER | ||
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: | Alford Bell and Sheila Bell obtained a warranty deed for real estate located in Chickasaw County. In 1984, Springer and Associates surveyed the property for the Bells because the Bells were considering having a fence built around their home on the property. The survey revealed that the Bells’ home encroached upon the adjoining lot then owned by L.O. Freeman and Paul Freeman. In August 2004, Terry Taylor obtained a warranty deed to the property from Mrs. L.O. Freeman. According to Terry, Freeman told him that the Bells were “over on it,” referring to the property he had purchased. On October 16, 2008, Terry deeded the property to his brother, Taylor. Terry testified that he lives directly across the street from the Bells and has power of attorney to act for his brother regarding the subject property. Taylor lives in California and uses the house that sits on the subject property as rental property. In 2009, the Bells filed a complaint to confirm title and remove cloud. In 2010, Terry constructed a fence to deny the Bells access to the subject property. Taylor filed an answer and counter-complaint contending that the Bells were not entitled to adverse possession and that he held title to and has paid taxes on the property. The chancery court found for the Bells and entered a judgment establishing a boundary line on the property between the property owned by the Bells and that owned by Taylor. Taylor appeals. |
| Summary of Opinion Analysis: | To establish a claim of adverse possession, the property 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. While Taylor contends that he holds title to and pays taxes on the subject property, the question becomes whether or not he was put on notice that the land was held under an adverse claim of ownership. Terry testified that Freeman told him at the time he purchased the property in 2004 that the Bells were “over on it.” Thus, Taylor was on notice that his land was held under an adverse claim of ownership. Once adverse possession has begun, the record title owner cannot stop the running of the period merely by granting permission. It is undisputed that the Bells began their adverse possession of the subject property in April 1974 without permission from the then title owners, the Freemans. The November 1984 conversation with Freeman about purchasing the property was more than ten years from the beginning of the possession and title had already been vested in the Bells. Once the elements of adverse possession have been satisfied, a full and complete title is vested in the adverse possessor. Title can be lost only by proper transfer, such as deed, will, or intestacy, or by another period of possession ripening title in a new adverse user. Thus, there is substantial evidence in the record to support the chancellor’s findings. |
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