Norman v. Allison
Missouri Court of Appeals
775 S.W.2d 568 (1989)
Norman (plaintiff) built a fence with his neighbors the Bunselmeyers' agreement and cost-sharing, enclosing a small triangle of land technically on the Bunselmeyers' side of the boundary, which Norman then used exclusively for his cattle for a decade; the Allisons (defendants) later bought the Bunselmeyers' land and eventually moved the fence to the true boundary line. Norman sued for a declaration he had acquired the triangle by adverse possession, but at trial admitted he was "merely building a fence" and never intended to claim land he didn't own; the trial court ruled for the Allisons, and Norman appealed.
Whether, for purposes of adverse possession, exclusive use and possession of property is presumed to be adverse absent proof to the contrary.