Tioga Coal v. Supermarkets General Corp

546 A.2d 1 (1988)

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Nature of the Case

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Facts

Tioga (P) filed a complaint to take a piece of land known as Agate Street from Supermarkets (D). P established that he took control of the street by putting a lock on the gate that blocked access to the street; this was done for 30 years. The court found that P controlled ingress and egress from Agate Street with the exception of a spur railroad line with entered the street from D's property approximately 150 feet north of the gate. The trial court found that P's possession was actual, open, notorious, exclusive, and continuous for a period in excess of the 21 years required. However, the court ruled that P failed to establish that its possession was hostile or adverse to the true owner of the land because P believed that the City owned the land and not D. P appealed.