Wilcox v. Estate of Hines

In 2002, the Wilcoxes purchased property from the Somas. A strip of land separated the Wilcox’s property from a lake. In 2011, the Wilcoxes brought a claim for title by adverse possession against the owners of the lakefront strip. The circuit court dismissed the adverse possession claim after noting that the Somas had specifically disclaimed ownership of the lakefront strip and had sought and received permission to make improvements to the property from an entity the Somas mistakenly believed was its true owner. The court of appeals reversed, holding that evidence of the Somas’ permission to use the lakefront strip came from a non-owner and was therefore irrelevant. The Supreme Court reversed, holding that the circuit court properly considered the Somas’ subjective intent and did not err in concluding that the Wilcoxes failed to establish adverse possession for the requisite statutory period. View "Wilcox v. Estate of Hines" on Justia Law