Snowball Corporation v. Pope

580 N.E.2d 733 (1991)

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

The Popes (D) purchased a house in 1956, and moved it onto the property in dispute. At that time, it was mostly swampland but could be used for ice skating in the winter. The swamp was filled in in 1957. At one time a fence surrounded the property, but by the time of suit, the only boundary markers on the property were lines of trees. The applicable statute of limitations for determining adverse possession is ten years. Snowball (P) claims that the statute of limitations is stayed to the extent that the true owner of the property is unaware that he owns it, and that D's use of the land was not sufficiently open, notorious, and exclusive to satisfy the elements of an adverse possession claim.