Wilcox v. Estate of Hines

The Somas owned property near a lakefront strip actually held by the estates of Hines and Newman (defendants), but mistakenly believed a boat-tour company owned the strip and sought that company's permission to improve it over nearly 40 years, adding landscaping and a fence with no-trespassing signs. When they sold to the Wilcoxes (plaintiffs), the Somas told them the strip was not part of the sale but that they had a right to cross it; the Wilcoxes nonetheless kept improving the strip and, nine years later, sued to obtain title under the 20-year adverse possession statute by tacking their time onto the Somas' use. The trial court dismissed the claim because the Somas had disclaimed ownership and sought permission; the appellate court reversed, treating the Somas' subjective intent as irrelevant, and the true owners appealed.

Whether the claim-of-right element of adverse possession requires that the possessor subjectively intend to claim ownership of the property.