Cluff v. Bonner County

JOHNSON, Justice.

This is an adverse possession case. The primary issue presented is whether there is a genuine issue of material fact concerning the improvement of the property by the adverse claimant. We conclude there is a genuine issue of material fact and vacate the trial court’s summary judgment dismissing the adverse claimant’s quiet title action. We also restate principles concerning adverse possession: (1) a person claiming title not founded upon a written instrument is not required to prove an oral claim of title, (2) continuous occupation of property for five years creates a…