Fairdealing Apostolic Church, Inc. v. Casinger
Missouri Court of Appeals for the Southern District
353 S.W.3d 396 (2011)
In 1936, a half-acre tract of real property was deeded to a church which later became incorporated as the Fairdealing Apostolic Church, Inc. (Fairdealing) (plaintiff). Since that time, church members regularly met in a building on the land to participate in religious activities. When the church building was initially constructed, church members placed a fence along a line of trees they believed to be the property line on the eastern side of the parcel. However, the tree line and fence was situated on property owned by Casinger (defendant). The difference between the actual Fairdealing property line and the tree line and fence was a .14-acre strip. In 1995, Casinger informed the church pastor of the true property line, but neither party took any action. The following year, Fairdealing erected a new church building and parking lot which partially extended onto the .14-acre strip. In 2009, Fairdealing filed suit against Casinger to quiet title to the .14-acre strip, claiming adverse possession. The trial court held for Fairdealing, and Casinger appealed.
Rule of Law
Holding and Reasoning (Scott, J.)
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