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Norman v. Allison

Missouri Court of Appeals
775 S.W.2d 568 (1989)


Facts

Jimmie Norman (plaintiff) owned a farm adjacent to the farm of the Bunselmeyers. Norman planned a new road with a fence along it that was to run diagonally across the Norman-Bunselmeyer property line. The new fence would enclose a triangle of land at the corner of the Bunselmeyers’ property. Norman told the Bunselmeyers about his plan, and the Bunselmeyers agreed to and did pay for half of the costs. The fence was completed in June 1974, at which time Norman cleared the triangle and used it for his cattle. This use was continuous, open and exclusive. In October 1974, Charles and Rebecca Allison (defendants) purchased the Bunselmeyers’ land. In 1984, the Allisons moved the fence to the true boundary line. Norman filed suit, seeking a declaratory judgment that he had obtained title to the triangle by adverse possession. At trial, Norman stated that he was “merely building a fence,” conceding that his intention with the fence was not to claim property to which he did not own title. The circuit court ruled in favor of the Allisons, finding that Norman’s possession was not adverse. Norman appealed.

Rule of Law

Issue

Holding and Reasoning (Maus, J.)

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