Totman v. Malloy
Massachusetts Supreme Judicial Court
725 N.E.2d 1045 (2000)

- Written by Rich Walter, JD
Facts
The real estate at issue included adjacent lots later known as the Totman and Malloy parcels. In 1952, Caroline Totman (Caroline) conveyed the Totman parcel to her son and daughter-in-law, William and Mary Totman (Totmans) (plaintiffs). The parcel was assumed to include a strip that abutted the Malloy parcel, and the Totmans maintained and improved the strip. In 1989, Caroline conveyed the Malloy parcel to the Totmans’ son, Patrick Totman (Patrick), who in 1992 conveyed it to John and Patricia Malloy (defendants). After acquiring the parcel, the Malloys ordered a survey showing that the strip maintained by the Totmans actually lay on their land. The Totmans sued the Malloys, claiming that adverse possession gave them title to the strip. Based on the familial relationship between the Totmans and Malloys, the trial court inferred that the Totmans’ use of the strip was permissive and awarded judgment for the Malloys. The Totmans appealed to the Massachusetts Supreme Judicial Court.
Rule of Law
Issue
Holding and Reasoning (Ireland, J.)
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