John W. Lebleu, et ux v. David W. Aalgaard, et ux

¶1 — In determining whether a person has acquired title to real property through adverse posses*69sion, the fact that he or she was given permission to occupy land by the true title owner will operate to negate the essential element of hostility. But in the case of a failed parol agreement to adjust a boundary line, the fact that the true title owner agreed that his neighbor would own whatever land fell on the neighbor’s side of the agreed line does not negative the element of hostility. As some authorities have put it, parties can agree to a nonowner’s use of land that is adverse.

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