Fulkerson v. Van Buren

961 S.W.2d 780 (1998)

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Nature of the Case

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Facts

P has held legal title to the parcel since December 1949. In 1985, the congregation of the Progressive Church (D), without obtaining permission from P, began using the church building on the property. Ds greatly improved the church building itself and the surrounding land (new roof, siding, air conditioning, and grounds improvement). In 1990, P began to negotiate with D, the pastor of the church, to reach an agreement whereby the church would lease the parcel from P. They were unable to negotiate a lease. In November 1994, P sent a letter demanding that the church congregation immediately vacate the church building located on the parcel. Ds did not vacate, and P filed to eject Ds. Ds asserted that it owned the parcel of land at issue by adverse possession. Ds got the judgment, and P appealed.