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Dempel Earps v. Irene S. Earps, Ronnie Earps, and Greg Earps

Citation: Not availableDocket: 01A01-9505-CH-00206

Court: Court of Appeals of Tennessee; October 30, 1995; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the plaintiff appealed a trial court decision regarding a land dispute with family members in Tennessee. The primary legal issues revolved around the boundaries of property conveyed in a 1971 deed and claims of adverse possession. The trial court, led by Chancellor C. K. Smith, found that the disputed land was not included in the plaintiff's deed and that the plaintiff failed to establish a prescriptive title through twenty years of adverse possession. It was revealed that although a 1994 survey clarified the boundaries as per the 1971 deed, parts of the driveway and yard constructed by the plaintiff's predecessor were outside these lines. The plaintiff argued for adverse possession under color of title and prescriptive title, but the court noted the necessity of clear adverse possession, especially given the familial relationship. The appellate court affirmed the trial court's ruling, emphasizing the accuracy of the property boundaries as determined by the survey and the lack of evidence for adverse possession. The decision also considered inheritance laws, concluding that the right of survivorship only applied to property within the deed, and any intestate property rights extended to Barry Earps' child from a previous marriage. The case was remanded for further proceedings, with costs assigned to the appellant.

Legal Issues Addressed

Adverse Possession under Color of Title

Application: The plaintiff's claim to the disputed property under adverse possession was denied as the court found the 1971 deed did not include the disputed area, and the plaintiff did not establish possession under color of title.

Reasoning: The plaintiff based her claims on two theories: adverse possession under color of title for over seven years and prescriptive title through twenty years of adverse possession.

Determination of Property Boundaries by Survey

Application: The court relied on a 1994 survey to clarify the boundaries of the property as described in the 1971 deed, which accurately depicted the property's boundaries and excluded the disputed area.

Reasoning: Title to the property was determined to pass by deed rather than adverse possession. The 1971 deed's coverage was clarified by a 1994 survey, which the chancellor found accurately depicted the property's boundaries.

Inheritance and Right of Survivorship

Application: The court held that the right of survivorship did not grant the plaintiff title to the disputed property, as it was not included in the 1971 deed, and Barry Earps' child from a prior marriage had a claim to any intestate property.

Reasoning: Moreover, even if Barry Earps had acquired the disputed area through adverse possession, the right of survivorship granted to the appellant in 1986 only included property specified in the 1971 deed.

Prescriptive Title and Burden of Proof

Application: The court determined that the plaintiff did not meet the heightened burden of proof required to establish a prescriptive title, especially given the familial relationship involved.

Reasoning: In addressing the plaintiff's claim of prescriptive title through twenty years of adverse possession, the chancellor noted that such possession must be clearly established as adverse, with a heightened burden of proof when family members are involved.