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Johnson v. Coshatt

Citations: 591 So. 2d 483; 1991 WL 270481Docket: 1901158

Court: Supreme Court of Alabama; December 19, 1991; Alabama; State Supreme Court

Narrative Opinion Summary

In a boundary line dispute, the Supreme Court of Alabama addressed the claims of a landowner, Johnson, who asserted ownership over a five-foot strip of land through adverse possession and sought a prescriptive easement for using an access easement owned by the neighboring Coshatts. The court examined the requirements for both adverse possession by prescription and statutory adverse possession, emphasizing the necessity of actual, open, notorious, hostile, and exclusive use. Johnson's evidence, primarily based on historical grass maintenance, was deemed insufficient to establish exclusive possession or alert the Coshatts to an adverse claim. Additionally, Johnson's attempt to secure a prescriptive easement failed due to a lack of evidence demonstrating adverse and exclusive use for the requisite twenty years. The court concluded that the use was permissive, affirming the trial court's decision in favor of the Coshatts. Johnson's appeal was ultimately denied, as the court interpreted the trial court's judgment to encompass all claims in favor of the Coshatts, dismissing Johnson's assertions of unresolved issues.

Legal Issues Addressed

Adverse Possession by Prescription

Application: Johnson's claim to ownership of the disputed strip of land was rejected as he failed to demonstrate the required elements of actual, exclusive, open, notorious, and hostile possession for 20 years.

Reasoning: Adverse possession by prescription requires actual, exclusive, open, notorious, and hostile possession for 20 years.

Establishing a Prescriptive Easement

Application: Johnson's claim for a prescriptive easement was denied as the evidence was insufficient to prove adverse and exclusive use against the Coshatts for twenty years.

Reasoning: Furthermore, to establish an easement by prescription, use must be for twenty years, adverse to the owner, and exclusive.

Exclusive Possession for Adverse Possession

Application: Johnson's evidence of grass maintenance did not demonstrate exclusive possession, as it was deemed convenient and aesthetically motivated for the actual owners, the Coshatts.

Reasoning: The trial court concluded that Johnson failed to demonstrate adverse possession, as the long-term grass cutting did not notify the Coshatts of an adverse claim nor did it show exclusive dominion.

Permissive Use in Easement Claims

Application: The court determined that Johnson's use of the easement was permissive and not adverse, as required to establish a prescriptive easement.

Reasoning: The trial court determined that Johnson did not succeed in proving that his use of the easement, along with the use by his predecessor's tenants, was anything other than permissive.

Statutory Adverse Possession

Application: The court found that Johnson did not satisfy the conditions of statutory adverse possession, as he could not show open, notorious, hostile, continuous, and exclusive possession for 10 years.

Reasoning: Statutory adverse possession allows coterminous landowners to claim title after 10 years without the necessity of a deed, tax listing, or title by descent, provided that the possession is still open, notorious, hostile, continuous, and exclusive.