Mahoney v. Tara, LLC

¶1. What is in a name? The question this appeal presents is whether the name of a property owner, without more, is sufficient to protect land from an adverse possession claim. Plaintiffs, the Mahoney siblings, appeal from the trial court’s grant of a motion to dismiss in favor of defendant, Tara, LLC. Plaintiffs claim ownership of a strip of beach located between the parties’ properties. They argue the trial court prematurely dismissed their adverse possession claim, improperly applied an exemption to adverse possession without sufficient development of the record, and erred in applying the…