Park v. Brown
549 P.3d 934 (2024)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
A chain-link fence runs between two adjacent properties. It has existed in its current location since at least 1991. D and her then-husband, Jalal Husseini, acquired the title in Husseini's name in 2002. They planted a chokecherry tree in the extrapolated area around 2004. D was added to the title in 2005. On divorce, the superior court awarded the home and lot to D, and a clerk's deed affirming her title was issued in November 2010. In 2016, the Browns commissioned a survey that revealed that the fence intruded into their lot. After receiving notice of the encroachment, D responded in 2017 with a letter claiming she had already acquired title by adverse possession. P sued D to quiet title and for trespass in 2020. D asserted the affirmative defense of adverse possession. D moved for summary judgment, which the court denied. After a one-day bench trial, the court concluded that Dhad failed to establish the elements of adverse possession and entered final judgment for P. D appealed.
Issues
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Holding & Decision
The court's holding and decision will be displayed here.
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