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Williams v. Frymire, 186 S.W.3d 912

Facts

Eddie Williams and his family have maintained a yard that included a disputed .03 acre parcel of land since 1954, believing the boundary to be marked by a tree line they planted. Despite the property being surveyed in 1996, which indicated the legal boundary was east of the tree line, the Williams family continued to use and maintain the land without any challenge until 2004 when the Frymires claimed ownership. The trial court found that the Williams' possession was hostile, actual, open, notorious, exclusive, and continuous for the required ten-year period.

Eddie's parents bought Lot 14 in Block 2 of Bedford's Addition to the City of Bloomfield (Lot 14) in 1948.

Issue

Did the claimants establish their right to the disputed property through adverse possession, and were the record landowners entitled to sanctions?

Defendants allege three points of trial court error.

Rule

To establish ownership by adverse possession, a claimant must prove that their possession is hostile, actual, open and notorious, exclusive, and continuous for a period of ten years.

Under this statute, a party claiming ownership by adverse possession must prove that their possession is: (1) hostile, (2) actual, (3) open and notorious, (4) exclusive, and (5) continuous for the ten-year period prior to the commencement of the action.

Analysis

The court found substantial evidence supporting each element of adverse possession. The Williams family had openly maintained the disputed property as part of their yard since 1954, with no claims made by the Frymires until 1996. The court determined that the actions of the Williams family demonstrated their intent to possess the land as their own, fulfilling the requirements for adverse possession.

The trial court was free to believe this testimony and give it such weight as it deemed appropriate.

Conclusion

The Court of Appeals affirmed the trial court's judgment in favor of the Williams regarding the Frymires but reversed the judgment concerning Melissa Frymire and James Cardwell.

The judgment is affirmed in all respects as to defendants Leonard Frymire and Beverly Frymire and is reversed in all respects as to defendants Melissa Frymire and James Cardwell.

Who won?

Eddie and Jeneth Williams prevailed in the case as they successfully established their claim of adverse possession over the disputed property.

The trial court's judgment is presumed valid, [and] the burden is on the appellant to demonstrate its incorrectness.

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