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Property Keyed to Sprankling
Gurwit v. Kannatzer
Facts
Plaintiff, the Gurwits, purchased the land from seller in 1963. The seller told Plaintiff that the land included a 17-acre tract of land, and Plaintiff believed seller’s representation. Nonetheless, in 1983, Plaintiff became aware that their neighbors, Defendant, actually had record title to the 17-acre tract of land, which is also included in Defendant’s tax bill. During 1963 to 1983, Plaintiff posted “no hunting” and “no trespass” signs on the 17-acre tract of land. Also, Plaintiff would enter the tract to enter the rest of the property, cut down trees and bushes, cut firewood, and allowed Plaintiff’s friends to enter the land to cut firewood themselves with the Defendant’s apparent approval. Also, the Defendant made Plaintiff aware when people were trespassing on the tract. After 1983, the Plaintiff’s began to pay the taxes on the tract of land. Thereafter, Plaintiff brought suit against Defendant’s to obtain title to the tract. Defendant brought a counterclaim seeking to obtain title in the tract for themselves. The trial court held Plaintiff obtained title by adverse possession. Defendant appealed.
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