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Mississippi Court of Appeals - 154 So. 3d 910
Tags: Property, Adverse possession
tl;dr:
A company that had used a tract of land peacefully, exclusively, and openly from 1969-2010 had established title in the land by adverse poVideo Summary
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Herman Scott sued Anderson-Tully Company for removing timber from a disputed twenty-acre parcel of land in Mississippi. Scott claimed ownership of the land, but the chancellor dismissed his claim, stating that Anderson-Tully had acquired title to the land through adverse possession. Scott appealed, but the court affirmed the chancellor's ruling. Anderson-Tully claimed ownership of the disputed property through adverse possession, based on its continuous use and maintenance of the land since 1969. The company marked its perceived boundary line with blue paint along the wire fence, which was visible continuously from 1969 to 2010. Anderson-Tully continued to treat the land as its own and harvested timber there in early 2010, leading to Scott's complaint filed on March 19, 2010. Richard T. Logan testified on behalf of Scott, presenting his findings that the estate owned all of Section 28, including the disputed twenty acres. Richard Scott, an heir of Stewart Scott Jr., testified that the wire fence was a "convenience fence" built to contain livestock and was not intended to establish the property's border.
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