Jarvis v. Gillespie
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| 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.
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