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Brown v. Gobble: Difference between revisions
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(Created page with "{{Infobox Case Brief |court=West Virginia Supreme Court of Appeals |date=May 17, 1996 |subject=Property |case_treatment=No |comments=*[[Property#Limiting_the_Right_to_Exclude]...") |
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|subject=Property | |subject=Property | ||
|case_treatment=No | |case_treatment=No | ||
|facts=The Gobbles (defendants) purchased their land in West Virginia in April 1985. | |||
The Browns (plaintiffs) bought the adjoining property in 1989. A land survey revealed that a fence of the Gobbles encroached on their property by 2 feet. Nonetheless, the Browns didn't assert ownership that the land portion until 1994. | |||
|procedural_history=The Browns sued the Gobbles in the Mercer County Circuit Court. The Browns win in the Circuit Court even though the Gobbles and their predecessors had presumed to own the disputed tract of land for numerous decades. | |||
|issues=May a party claiming title to land by [[adverse possession]] tack the time that previous owners have possessed the land to the time the party (Gobbles) has possessed the land? | |||
|holding=Yes. Adverse possession can ripen into clear title by tacking on the times of previous possessors. | |||
|comments=*[[Property#Limiting_the_Right_to_Exclude]] | |comments=*[[Property#Limiting_the_Right_to_Exclude]] | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 21:38, April 24, 2023
| Brown v. Gobble | |
| Court | West Virginia Supreme Court of Appeals |
|---|---|
| Citation | |
| Date decided | May 17, 1996 |
Facts
The Gobbles (defendants) purchased their land in West Virginia in April 1985.
Procedural History
The Browns sued the Gobbles in the Mercer County Circuit Court. The Browns win in the Circuit Court even though the Gobbles and their predecessors had presumed to own the disputed tract of land for numerous decades.
Issues
May a party claiming title to land by adverse possession tack the time that previous owners have possessed the land to the time the party (Gobbles) has possessed the land?
Holding
Yes. Adverse possession can ripen into clear title by tacking on the times of previous possessors.
