Beverly Trust Co. v. Dekowski

In an action in ejectment, trespass and unjust enrichment to require defendants to remove pool equipment and a fence from a strip of land approximately 14 feet by 100 feet on plaintiff’s property, defendants raised the defense of ownership by adverse possession. The trial court entered an order in favor of plaintiff and against the defendants on the issue of adverse possession. Defendants appealed.

On appeal, defendants contend: (1) the trial court erred when it concluded as a matter of law that the “open and notorious” element of adverse possession requires actual knowledge by the record…