Jarvis v. Gillespie: Difference between revisions

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Jarvis wins in the Vermont trial court.
Jarvis wins in the Vermont trial court.
|issues=Can property be acquired legally (that is, [[adverse possession]]) through open, notorious, hostile, and continuous possession for 10 years?
|issues=Can property be acquired legally (that is, [[adverse possession]]) through open, notorious, hostile, and continuous possession for 15 years (in Vermont at the time)?
|holding=Adverse possession is effectuated through open, notorious, hostile, & continuous possession for the statutory period.
|holding=Adverse possession is effectuated through open, notorious, hostile, & continuous possession for the statutory period.
|case_text_links={{Infobox Case Brief/Case Text Link
|case_text_links={{Infobox Case Brief/Case Text Link

Revision as of 17:05, April 10, 2023

Jarvis v. Gillespie
Court Vermont Supreme Court
Citation
Date decided January 18, 1991

Facts

Jarvis acquired about 1 acre in Waterville, Vermont in 1935. Jarvis owned lands on 3 sides of the parcel while the 4th side butted up against a road.

In 1947 - 1986, Jarvis ran a logging operation & grazed cattle on his Jarvis parcel.

In 1986, the town of Waterville conveyed the Jarvis parcel to Gillespie via a quitclaim deed.

Procedural History

Jarvis claimed legal possession of the Waterville parcel by adverse possession; Jarvis sued Gillespie when Gillespie tried to enter the parcel.

Jarvis wins in the Vermont trial court.

Issues

Can property be acquired legally (that is, adverse possession) through open, notorious, hostile, and continuous possession for 15 years (in Vermont at the time)?

Holding

Adverse possession is effectuated through open, notorious, hostile, & continuous possession for the statutory period.

Resources

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