Mannillo v. Gorski

54 N.J. 378, 255 A.2d 258 (1969)

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Nature of the Case

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Facts

In 1946, Gorski (D) and her husband entered into possession of premises located in Keansburg Lot No. 1007 Block 42 under an agreement to purchase. Upon compliance with the purchase agreement, the seller conveyed the lands on April 16, 1952. D's husband died thereafter. Mannillo (P) were the owners of an adjacent lot (#1008), and they acquired title to that lot in 1953. In 1953, D made improvements, which entailed the installation of a concrete walkway that extended toward both the front and rear of the property. D admits that this addition encroached upon P's land to the extent of 15 inches. D contends that she has possession to that land by adverse possession under a local statute (20-years). P contends that the possession was not hostile and was merely done under a mistaken belief of ownership and that a mere encroachment onto the land of another must be accompanied by an intent to invade the rights of another. D was not aware the path and steps encroached onto P’s land but D operated under a mistaken belief that the land was hers. P sued D in trespass and D counterclaimed for adverse possession. The trial court ruled for D and P appealed. The trial court ruled that such possession was exclusive, continuous, uninterrupted, visible, notorious and against the rights and interest of the true owners.