Winiker v. Bell

Henry, Bruce R., J.

In this matter the plaintiffs, Samuel and Frances Winiker, seek adverse possession of approximately 2616 sq. ft. of the property of the defendant, Kimberly Bell. Ms. Bell filed a counterclaim asserting trespass by the Winikers in that a portion of their driveway and a part of a retaining wall encroach on her property. A jury-waived trial took place over four days and I viewed the properties involved. The parties have submitted post-trial requests for findings of fact and rulings of law.

Based on the credible evidence at trial, I find that the Winikers have not established…