Commonwealth, Department of Parks v. Stephens

CLAY, Commissioner.

This suit was brought by the Commonwealth to quiet title to a two-acre tract of land adjoining certain property it owns near Cumberland Falls. It developed that appellees hold the record title to this land, so the claim of the Commonwealth was based solely upon adverse possession for a period of 15 years. The Chancellor determined (1) the Commonwealth could not acquire title by adverse possession, and (2) the required elements of adverse possession had not been proved. While we differ with the Chancellor with respect to his first conclusion, the record amply supports his…