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Mannillo v. Gorski

Supreme Court of New Jersey

255 A.2d 258 (1969)

Relevant factsFree

Gorski (defendant) installed steps to her home's side entrance that encroached 15 inches onto the Mannillos' (plaintiffs) adjoining lot before they purchased it; the encroachment continued openly for over 20 years, but the trial court found Gorski's possession lacked the necessary hostile intent because it stemmed from her mistaken belief about the property line, and granted the Mannillos an injunction. Gorski sought review.

IssueFree

Whether a claim of adverse possession may be based on a mistaken possession.

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