Winfield v. Kasel

By heylih
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    Winfield v. Kasel

  • Respondents purchase property

    Winfield purchased land

  • Respondents acquire warranty deed and clearly separate property

    Winfield acquired warranty deed & put up a fence

  • Appellants purchase property adjacent to Respondents

    Kasel purchased land adjacent to Winfield

  • Appellants acquire deed of conveyance

    Kasel acquired deed of conveyance

  • Respondents intend to replace fence

    Winfield intended to replace fence

  • Agreement between Respondent and Appellants was made

    Winfield would maintain possession of the 2.8 acres but will pay Kasel $200/mon.

  • Appellants rescind and Respondents bring action

    Kasel rescinded and Winfield brought an action for the land

  • Trial was held -- Respondents win action

    The court held that since Appellants never said anything from 1966-2004 and the Respondents were in use and paid taxes for the time of 1964-2004 that the Respondents were in adverse possession. They were in adverse possession because "by continuous, open, actual, exclusive, and hostile use of the disputed land and were, therefore, entitled to sole title and possession in fee simple."