Double J. Farmlands v. Paradise Baptist Church
| Docket Number: | 2007-CA-01537-SCT Linked Case(s): 2007-CA-01537-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-04-2008 Opinion Author: Dickinson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Adverse possession Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson and Randolph, JJ. Non Participating Judge(s): Lamar, J. Dissenting Author : Easley, J., without separate written opinion. Concurs in Result Only: Graves, J. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 09-05-2007 Appealed from: TATE COUNTY CHANCERY COURT Judge: Percy L. Lynchard, Jr. Disposition: The Chancery Court denied Double J. Farrmlands' adverse possession claim. Case Number: 06-02-0045PL |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Double J. Farmlands |
Parker H. Still; Rebecca S. Thompson |
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| Appellee: | Paradise Baptist Church, Et al and Betty Downs Tyler | Mildred J. Lesure | ||
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: | In 1961, Mrs. Omega Thomas conveyed fifty acres of property to Harvey Tyler and his wife, Betty Tyler. In 2005, after Mr. Tyler’s death, Mrs. Tyler conveyed by warranty deed the 50-Acre Tract to the Paradise Baptist Church. In 1995, Joyce White conveyed a large tract of property to Double J Farmlands. A portion of the Double J Property abutted the 50-Acre Tract. Although the deed conveying the Double J Property specifically excluded the 50-Acre Tract, a fence around the Double J Property included the part of the 50-Acre Tract which is in dispute, that is, a 6.5-Acre Tract. In 2005, as part of its acquisition of the 50-Acre Tract from Mrs. Tyler, Paradise ordered a survey. The survey revealed that six-and-a-half acres of its property was inside Double J’s fence. Double J took no action against Paradise or the surveyor until February 2006, when it filed suit against Paradise to quiet and confirm title to the 6.5-Acre Tract by adverse possession. Paradise answered and filed a third-party complaint against Betty Tyler for breach of the Warranty Deed. Double J moved for summary judgment which the court denied. At the conclusion of Double J’s case-in-chief, Paradise moved for dismissal which the court granted, finding that the property deeded to Double J specifically excluded the 50-Acre Tract of land owned by the Tylers which, in turn, included the 6.5-Acre Tract. Double J appeals. |
| Summary of Opinion Analysis: | To acquire property by adverse possession, a claimant must show that its possession of the property was open, notorious, and visible; hostile; under claim of ownership; exclusive; peaceful; and continuous and uninterrupted for a period of ten years. The chancellor found that Double J failed to show that its occupation of the 6.5-Acre Tract was hostile. The mere presence of a fence, without more, has never been sufficient to sustain a claim of adverse possession. Double J must present some proof that its occupation of the record owner’s property was hostile, and that the record owner – aware of the adverse possessor’s hostile occupation – took no action to prevent adverse possession. Here, the true owner, i.e., the Tylers, built a fence on their property and, as a result, fenced the 6.5-Acre Tract out of their property. It was not Double J who fenced the disputed property in. In fact, Double J took no action which was adverse to the Tylers’ interest in the 6.5-Acre Tract. The record also includes proof that the Tylers paid taxes on the 6.5-Acre Tract. Moreover, Double J knew the surveyors were on the 6.5-Acre Tract conducting the survey, but took no action to eject them. Thus, the chancellor did not commit manifest error in ruling that Double J had failed to prove one of the necessary elements of its claim of adverse possession. |
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