T.T. Todd Co. v. Kent

In this boundary dispute, T.T. Todd Company, Inc. (Todd) sought to oust Willard W. Kent, and his mother, Jeannie Bell Kent, (the Kents) from a disputed strip. The Kents raised adverse possession under color of title as an affirmative defense, pleading reliance on a fence, which the only survey introduced at trial showed as an encroachment on Todd’s parcel. The learned trial judge rejected the Kents’ affirmative defense of adverse possession under color of title on the basis of Seton v. Swann, 650 So.2d 35 (Fla. 1995). The trial judge did not find that the fence was standing before 1939.

The…