Property Keyed to Rabin
Tioga Coal Co. v. Supermarkets General Corp.
Facts
Agate Street was a strip of land located on Supermarket General Corporation’s (Defendant) property and bordering Tioga Coal Company’s (Plaintiff) property. In 1948, Plaintiff locked the gate to Agate Street and maintained the lock until 1978, when the gate was removed. Plaintiff sued Defendant seeking to take title to Agate Street by adverse possession. The trial court found that Plaintiff used the entirety of Agate Street for thirty years and that its possession of Agate Street was actual, open, notorious, exclusive, and continuous for a period greater than the required 21 years. However, the court found that Plaintiff’s possession of Agate Street was not hostile to the true owner of the land because Plaintiff had believed the land belonged to the city. Plaintiff appealed.
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