Stump v. Whibco

When the Coxes bought property adjacent to Whibco's (defendant's) land in 1948, an old, overgrown mesh fence seemed to run along the property line, though it was so obscured by vegetation that a later owner couldn't tell where it began or ended; in the late 1960s, the Coxes replaced it with a well-maintained railroad-tie-and-cable fence. The Stumps (plaintiffs) later bought the Coxes' property and used the land up to the fence for boat storage, and beginning in 1981 made significant permanent improvements there, including a concrete walkway and bulkhead. A 1990 survey revealed the fence actually encroached one to 52.5 feet onto Whibco's land, and the Stumps sued in 1991 seeking a declaration of title by adverse possession; the trial court found only a minor encroachment and ruled the Stumps' possession based solely on the fence's placement wasn't open and notorious, so their adverse possession clock didn't start until their 1981 permanent improvements -- falling short of the 30-year statutory period -- and the Stumps appealed.