Allred Ex Rel. Jensen v. Allred

DURRANT, Justice:

INTRODUCTION

T1 In this case we are called upon to decide whether a claimant to property by adverse possession may satisfy the actual possession requirement through a tenant. We conclude that placing a tenant on property and collecting the rent for one's own benefit may constitute actual possession and use of the property adverse to the legal title holder, which, if hostile, open and notorious, and continuous for the statutory period, may ripen into legal title. Accordingly, we reverse the district court's order granting summary judgment to the legal title holder in this case.…