Birtley v. Fernandez Co.

DAUKSCH, Chief Judge.

This is an appeal of final judgment which found that appellants had failed to meet the requisite burden of proof to prove adverse possession. We find that there was clear and convincing proof that appellants adversely possessed that portion of the disputed parcel of property south of a line described by appellee’s witness, Mr. Feasel. Therefore we reverse the final judgment and remand the cause to the trial court.

A pre-emptive acquisition of rights in real property owned by another is not favored in the law and the acquisition of such rights is legally restricted. Downing…