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Charlton v. Crocker

665 S.W.2d 56 (1984)

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Charlton v. Crocker

Missouri Court of Appeals

665 S.W.2d 56 (1984)

Facts

In April 1971, Tommie and Ruth Crocker (defendants) moved into lots 7 and 8 in a subdivision. The Crockers’ lots were adjacent to lots 9, 10, and 11, which were owned by the Charltons (plaintiffs). The large amount of brush on the Charltons’ lots posed a fire hazard to the Crockers’ property, so Mr. Crocker secured the approval of the subdivision developer to clear the brush himself. The Crockers began clearing in April 1971 and continued doing so for many years. From 1971 to 1978, the Crockers had a mobile home on their lots. Mrs. Crocker testified that they sold the home because they could not build or add onto the back of it because it was too close to the property line of lot 9. In April 1982, Mr. Crocker filed a mechanic’s lien against lots 9–11 to receive payment for the clearing he had done. The trial court found that the Crockers obtained title to lots 9–11 by adverse possession. The Charltons appealed.

Rule of Law

Issue

Holding and Reasoning (Titus, J.)

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