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Property Law Keyed to Singer
Brown v. Gobble
Facts
Gobble (D) purchased real property in 1985. There was a fence running along the back of the property, but this was actually 2 feet outside the true boundary and thus extended onto the adjoining property, which was bought by Brown (P) in 1989. Brown was aware of this fact before buying the land, but did not claim ownership till 1994. In that year he decided to build a road along the strip in question. Gobble then tried to prevent him from doing so, and Brown filed seeking restraint on his interference. Gobble filed a counterclaim alleging adverse possession of the two-foot strip. He showed proof that both Blevins and Fletcher, who were the prior owners of the Gobble property from 1937 till the time of purchase by Gobble in 1985, believed themselves to be the owners of the strip and treated it as part of their own estate. The trial court held that adverse possession had not been proved and decided in favor of Brown. Gobble went in appeal.
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