Patterson v. Harrison

MONTGOMERY, Judge.

This dispute arose after Defendant claimed by adverse possession an unimproved roadway along the east side of a 5-acre tract deeded to Plaintiffs. The roadway is approximately 18 feet wide and 1130 feet long. Plaintiffs used the roadway for access to their residence while Defendant used it for access to his farmland.

Eventually, Plaintiffs filed a two-count petition against Defendant. Count I, a quiet title action, alleged that Plaintiffs owned the disputed area and that Defendant claimed a “possessory and legal right” thereto. Count II claimed that Defendant trespassed over…