Property Law Keyed to Kurtz
Jarvis v. Gillespie
Facts
The town of Waterville owned a 1.2-acre parcel of land for 51 years before granting it to Defendant. Plaintiff owned the land that surrounded three sides of the Waterville parcel and, for 39 of the 51 years, had used the parcel for rural and agricultural activities consistent with the character of the land. Plaintiff even posted “No Trespassing” signs on the property and his actions were visible from the road which ran along the fourth side of the parcel. Plaintiff filed for a declaratory judgment stating that he was the owner of the land through adverse possession. Defendant responded by asserting that Plaintiff could not gain title because lands given to a public use could not be adversely possessed under 12 V.S.A. § 462. The trial court found for Plaintiff, finding no public use had been made of the parcel during the time in question. Defendant appealed.
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