Mannillo v. Gorski

255 A.2d 258 (1969)

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Mannillo v. Gorski

New Jersey Supreme Court
255 A.2d 258 (1969)

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Facts

Gorski (defendant) and the Mannillos (plaintiffs) were landowners with property adjacent to each other. Prior to the Mannillos’ acquisition of their land, Gorski installed a set of steps leading to a side entrance of her home. These steps encroached by 15 inches upon the lot that the Mannillos later purchased. Upon discovering this encroachment, the Mannillos brought suit for an injunction. The trial court determined that even though her possession had been “exclusive, continuous, uninterrupted, visible, notorious and against the right and interest of the true owner" for more than 20 years, Gorski did not acquire the 15 inches by adverse possession, because Gorski did not possess the hostile intent required by New Jersey law. The court granted the Mannillos an injunction. Gorski petitioned for certification to the New Jersey Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Haneman, J.)

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