Tran v. Macha
Supreme Court of Texas
213 S.W.3d 913 (2006)
Relevant factsFree
For decades, owners of adjoining lots 5 and 6 shared a single driveway, mistakenly believing it sat on lot 5, when it actually sat on lot 6; after new lot 5 owners the Machas (plaintiffs) discovered the error via survey and obtained a quitclaim deed for any adverse possession interest their predecessor might have acquired, lot 6 owners Tran and Roser (defendants) fenced off the driveway, and the trial and appeals courts ruled for the Machas based on the parties' mistaken shared belief and use.
IssueFree
Whether the requirements of adverse possession can be satisfied where there is a mistaken belief as to property ownership but the parties continue to share use of the property.