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Chaplin v. Sanders: Difference between revisions
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|date=January 26, 1984 | |date=January 26, 1984 | ||
|subject=Property | |subject=Property | ||
|facts=The Hibbards set up a trailer park around their land in 1958; they treated a drainage ditch as the boundary. They built a road to access the trailer park. | |facts=The Hibbards set up a trailer park around their land in 1958; they treated a drainage ditch as the boundary. They built a road to access the trailer park. | ||
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The Sanders had been given notice about the encroachment. | The Sanders had been given notice about the encroachment. | ||
The Supreme Court of Washington granted the Sanders the title of the disputed land. | |||
|reasons=Permission from the true owner to possess property indicates absence of hostility. | |reasons=Permission from the true owner to possess property indicates absence of hostility. | ||
|rule=The actions of a property possessor determine the hostility element of '''adverse possession'''. | |rule=The actions of a property possessor determine the hostility element of '''adverse possession'''. | ||
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|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/chaplin-v-sanders | |link=https://www.quimbee.com/cases/chaplin-v-sanders | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://law.justia.com/cases/washington/supreme-court/1984/49663-3-1.html | |link=https://law.justia.com/cases/washington/supreme-court/1984/49663-3-1.html |
Latest revision as of 03:41, July 14, 2023
Chaplin v. Sanders | |
Court | Washington Supreme Court |
---|---|
Citation | |
Date decided | January 26, 1984 |
Facts
The Hibbards set up a trailer park around their land in 1958; they treated a drainage ditch as the boundary. They built a road to access the trailer park.
In 1960, the neighbor Murray found that the road Hibbard had built encroached on the Murray property. In 1962, the Hibbards sold their trailer park. The Sanders eventually bought the Hibbards parcel in 1976.
In 1978, the Chalplins bought the Murray (neighboring) property; the Chaplins found the encroachments from the Sanders.Procedural History
Issues
Arguments
Holding
The possessor's subjective belief about the identity of the true owner of the disputed land is irrelevant to proving the hostility element of adverse possession.
The Sanders had been given notice about the encroachment.
The Supreme Court of Washington granted the Sanders the title of the disputed land.Reasons
Rule
The actions of a property possessor determine the hostility element of adverse possession.
According to Justice Utter, adverse possession has a 10 year possession requirement for
- exclusive
- actual & uninterrupted
- open & notorious
- hostile possession.