Gilardi v. Hallam
Supreme Court of California
636 P.2d 588 (1981)
Relevant factsFree
Due to a misplaced survey stake, Hallam's (defendant) predecessors improved a portion of neighboring lot 1407 (owned by Gilardi, plaintiff) with a sidewalk, sprinklers, trees, and lawn, mistakenly believing the improved area was part of their own lot 1408; when Gilardi sued to reclaim the property, Hallam claimed adverse possession, but the trial court ruled for Gilardi, finding both insufficient hostility (given the mistaken belief) and a failure to pay taxes on the disputed portion as California law requires.
IssueFree
Whether mistaken possession precludes a finding of hostility sufficient to support a claim of title by adverse possession.