Paine v. Sexton

37 N.E.3d 1103 (2015)

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Nature of the Case

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Facts

Ps or their predecessors (P's parents) have operated a commercial campground on the site since approximately 1958. They created roadways and cleared campsites while still maintaining the natural environment. They placed picnic tables, fire rings, and campsite numbers on the campsites seasonally and have built a house, erected two toilet facilities and an office building, enlarged parking areas, and created a volleyball pit, a paddock, and play areas. They constructed a wall of railroad ties along the road frontage, and fencing comprised of iron pipes and wires, from which they hung “no trespassing” signs, around much of the campground. the fencing and walls did not enclose the entirety of the campground. Ps charged admission fees and ousted those who did not pay. P advertised the campground with signage along the highway, and in newspaper advertisements and brochures distributed in local stores. Ps have paid taxes on the property since the 1960s. It is unclear exactly which parcels P paid taxes on because many of the bills do not delineate lot numbers and acreage. The campground is operated seasonally and houses approximately 500 individuals during the summer weekends and fewer individuals during the weeks. Patrons bring their own tents and campers. Ps have not enclosed it entirely with fencing or reduced it to cultivation. Ps maintained areas between individual campsites in a predominantly natural state. Ds contend that Ps have not satisfied the strict rule applicable to a claim of adverse possession of wild or woodland.