Fairdealing Apostolic Church, Inc. v. Casinger

353 S.W.3d 396 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was deeded land and erected buildings. D acquired land south and east of the church in 1989. A tree line east of the church building included remnants of a wire fence built by church members a few months after they finished the original church. For decades, church members mistakenly believed this was the property line, but their property actually did not run quite that far. In 1995, D showed the church pastor a survey and suggested that the church get an attorney. Nothing happened. A new church building was built in 1996, part of which extended onto the strip, as did the church parking lot. P got its own survey in 2009, then petitioned to quiet title to the strip. The trial court ruled in P's favor. D appealed.