Costello v. Staubitz

DAVIDSON, Judge.

This case concerns the appropriate inferences to be drawn from the existence of a visible line of demarcation when determining a claim of adverse possession. More particularly, the question presented is whether a fence erected by a predecessor in interest to the record owner of real property constitutes some evidence of the claimant’s adverse possession.

In 1955, the respondent, Elmer V. Staubitz (claimant), acquired title to lot 232 located at Whitehall Beach. A residence, built between 1925 and 1935 by the claimant’s predecessor in interest, his father, was located on the lot.