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Tioga Coal Co. v. Supermarkets General Corp.

546 A.2d 1 (1988)

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Tioga Coal Co. v. Supermarkets General Corp.

Pennsylvania Supreme Court

546 A.2d 1 (1988)

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Facts

Agate Street was a strip of land located on Supermarket General Corporation’s (SGC) (defendant) property and bordering Tioga Coal Company’s (plaintiff) property. In 1948, Tioga locked the gate to Agate Street and maintained the lock until 1978, when the gate was removed. Tioga sued SGC seeking to take title to Agate Street by adverse possession. The trial court found that Tioga used the entirety of Agate Street for thirty years and that its possession of Agate Street was actual, open, notorious, exclusive, and continuous for a period greater than the required 21 years. However, the court found that Tioga’s possession of Agate Street was not hostile to the true owner of the land because Tioga had believed the land belonged to the city. Tioga appealed.

Rule of Law

Issue

Holding and Reasoning (Flaherty, J.)

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