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Jarvis v. Gillespie

Supreme Court of Vermont
587 A.2d 981 (1991)


Facts

The Town of Waterville acquired the plot of land in question in 1935. In 1947, Jarvis (plaintiff) acquired a 200-acre plot of land surrounding the Town of Waterville’s plot on three sides. Between 1947 and 1986, Jarvis had fenced off his plot of land from the adjacent road, including the Town of Waterville’s land within the fence. Jarvis also used Waterville’s land to harvest Christmas trees and tap maple trees. He also placed “No Trespassing” signs throughout the plot. Waterville did not enter the land at any point during this time. In 1986, the Town of Waterville conveyed a quitclaim deed to Gillespie (defendant) to the plot of land in question. When Gillespie attempted to enter the land, Jarvis brought suit, claiming he had acquired the land through adverse possession. The trial court ruled in favor of Jarvis. Gillespie petitioned for certiorari to the Supreme Court of Vermont.

Rule of Law

Issue

Holding and Reasoning (Allen, C.J.)

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