Gillett v. White

KITE, Justice.

[T1] Fran Gillett appeals from an order granting summary judgment to Michael and Pamela White on their complaint to have title to a strip of land quieted in them on the basis of adverse possession. Ms. Gillett claims summary judgment was improper because a genuine issue of material fact existed as to whether the fence separating the strip of land from her property was a fence of convenience; the requisite ten year period for adverse possession was not met; and adverse possession can be used only as an affirmative defense, not an affirmative claim as the Whites used it. We…