Legal Opinion

Angus v. PJM Realty Trust

Massachusetts Superior Court

Decided April 2, 2009No. CA04158Published

1Opinion of the Court

Hely, Charles J., J.

A. Introduction

The plaintiff claims that she has acquired ownership by adverse possession of a piece of land on the defendant’s lot. The case was tried to the court without a jury. Based on the more credible evidence and the reasonable inferences, the court finds that the plaintiff has not established that she has acquired ownership of the disputed area by adverse possession.

B. Adverse Possession Principles

A party claiming title to land through adverse possession “must establish actual, open, exclusive, and nonpermissive use for a continuous period of twenty years.” Totman…

2Cases cited2 opinions

  1. Totman v. MalloyMassachusetts Supreme Judicial Court · 2000
  2. Air Plum Island, Inc. v. Society for the Preservation of New England AntiquitiesMassachusetts Appeals Court · 2007

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