Persyn v. Favreau

SWANSTROM, Judge.

This appeal followed the dismissal of Margaret Persyn’s quiet title action by the district court. The court held that the elements of adverse possession had not been proven and concluded that a fence line, which was alleged to be the easterly boundary of Persyn’s property, did not establish the true boundary of Persyn’s property. We affirm.

Persyn contends that the district court applied the wrong statute, I.C. § 5-210, in analyzing the requirements for adverse possession. Therefore, we must determine whether Persyn’s claim of adverse possession properly is under an oral claim…