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Scott v. Anderson-Tully Co.

Court of Appeals of Mississippi

154 So. 3d 910 (2015)

Relevant factsFree

Anderson-Tully (defendant) bought land in 1969 by quitclaim deed that mistakenly included 20 acres actually belonging to neighboring landowner Scott (plaintiff), and thereafter marked the boundary fence with its distinctive blue paint, harvested timber, and issued hunting licenses on the tract for over 40 years without any objection from the Scotts, who themselves only harvested timber up to the fence line; the trial court found Anderson-Tully acquired the 20 acres by adverse possession.

IssueFree

Whether adverse possession requires possession that is made under a claim of ownership; actual or hostile; open, notorious, and visible; continuous for a period of at least 10 years; exclusive; and peaceful.

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