Fulkerson v. Van Buren

Floyd Fulkerson (plaintiff) held legal title to land containing a church building since 1949; starting in 1985, Reverend Van Buren (defendant) and the Progressive Church cleaned up the overgrown, debris-filled parcel and made substantial improvements, including a new roof, siding, windows, floor, a 40-foot addition, and central heat and air. When Fulkerson demanded the church vacate in 1995 and was refused, he sued to eject the church, which counterclaimed adverse possession. Van Buren testified he wouldn't have made the improvements without believing the church had rights to the land, but also testified he made no assumption either way about whether the church was there by permission or by right until 1990 or 1991, and that the church had no intent to hold the land adversely until 1994 or 1995, when Fulkerson sought to eject them. The trial court found for the church on adverse possession.