You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Richard L. Hollow, Trustee v. Beulah Butler

Citation: Not availableDocket: E2010-02150-COA-R3-CV

Court: Court of Appeals of Tennessee; July 26, 2011; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a boundary line dispute between two adjacent property owners. The plaintiff, serving as a trustee, filed a lawsuit to determine the boundary line, which the trial court defined according to a 2003 survey by James Ogle. The defendant, who owned the property since the mid-20th century, contested this boundary, claiming adverse possession and raising defenses of laches. However, the trial court rejected these claims, finding insufficient evidence of exclusive, continuous, and adverse possession. The trial court's decision was based on the survey's alignment with historical deeds and maps, and the lack of overt acts by the defendant to establish ownership of the disputed area. On appeal, the court affirmed the trial court's judgment, emphasizing the need for clear and convincing evidence to challenge established boundaries and prove adverse possession. The appellate court conducted a de novo review but upheld the trial court's findings due to a lack of contradictory evidence. Ultimately, the plaintiff's claim to the disputed land was upheld, affirming the boundary as per the 2003 survey and dismissing the defendant's adverse possession and laches defenses. Costs were assessed against the defendant.

Legal Issues Addressed

Adverse Possession

Application: The court found that Butler failed to establish the elements of adverse possession for the disputed area.

Reasoning: The court ruled that Butler failed to establish claims of adverse possession, laches, or gross laches.

Boundary Line Determination

Application: The court determined the boundary line is as per the 2003 survey conducted by surveyor James Ogle.

Reasoning: The Chancery Court determined that the boundary line is defined by a survey conducted on September 17, 2003, by surveyor James Ogle.

Laches as a Defense

Application: The defenses of laches and gross laches were not substantiated as the possession was not sufficiently open and notorious.

Reasoning: Additionally, the Court ruled that the defenses of laches and gross laches were not substantiated, as the Plaintiff and predecessors were unaware of the alleged possession, which was not sufficiently open and notorious to suggest a presumption of knowledge.

Standard of Review on Appeal

Application: The appeals court will review the record de novo but presume the trial court's factual findings to be correct unless the evidence suggests otherwise.

Reasoning: The appeals court will review the record de novo but will presume the trial court's factual findings to be correct unless the evidence suggests otherwise.