Affirming award of land parcel by adverse possession and prescriptive easement

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Appellants-Defendants Coy L. Capps and Margaret M. Capps (“the Cappses”) appeal from the trial court’s order awarding Appellees-Plaintiffs Jeffrey A. Abbott and Teresa J. Abbott (“the Abbotts”) a small parcel of land by means of adverse possession and a prescriptive easement across the Cappses’ property.

Conclusion (slip op. at 10):  Having concluded that the Abbotts have acquired title to the 0.021 acre parcel of land immediately south of the farm fence which was erected on the parties’ boundary line as determined by the 1990 survey, and that the Abbotts have acquired the right to use Walnut Street as a method of ingress and egress by means of a prescriptive easement, we affirm the judgment of the trial court.

Key Analysis (slip op. at 9-10):  The Abbotts’, as well as their predecessors-in-title’s, use of Walnut Street constituted an open and continuous use of another’s land with knowledge on the part of the owner for the required twenty years . . . because nothing in the record indicates that either the Abbotts or their predecessors-in-use had ever been granted permission to use Walnut Street, such use was in fact adverse to the Cappses and their predecessors-in-title.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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