Hollander V World Mission Church Of Washington, D.C.

498 S.E.2d 419 (1998)

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 filed a motion for judgment seeking to recover possession of a strip of its land which P claimed that D, an adjoining property owner, 'unlawfully withheld.' D responded by claiming title by adverse possession. P had record title to the land. D and her predecessors in title had used the disputed land mistakenly believing that their property ran to a line of trees at the edge of woods on P's property. The court concluded that all the elements necessary to establish title by adverse possession had been clearly established except for the requirement of an adverse or hostile possession. The court reasoned that D’s belief was a mistake and with that mistake 'there was no intent of P to oust D of the title of the property.' D had mowed, gardened, and otherwise maintained the strip of land up to the tree line as a part of their residential property for more than 15 years, believing that it was the common boundary between their property and the church's property. D contends that this evidence is sufficient to show that Ds did not base their claim solely on their deed descriptions; rather, it shows their intention to claim title to a definite line on the ground. P contends that Ds' mistake precludes a finding that their possession was with the necessary adverse or hostile intent. D appealed.