Lots A and B were adjacent properties in a residential community near the Chesapeake Bay. Their only access to the beach was through a vacant tract of land – the Disputed Area – which was not part of either lot. Because the Disputed Area was a coastal buffer zone, state law prohibited its development.

Beginning in 1983, Marlene Andrus, the owner of Lot A, regularly maintained the Disputed Area. She mowed it, removed debris, and asked trespassers to leave. When she sold her house to Dean Carter, he continued to care for the Disputed Area and treat it as his own.

In 1999, Carter built a permitted pier on the waterfront beyond the Disputed Area with Rob Williams, the owner of the undeveloped Lot B. The friendly neighbors agreed that their properties would co-own and share the pier.

In 2002, Brigitte Cruz purchased Lot B from Williams with the understanding that she would share ownership of the pier. Soon after, Carter put a fence around his property (Lot A) and the Disputed Area. The fence obstructed Cruz’s access to the pier, but Carter refused to remove it. Instead, he orally agreed to allow Cruz to reach the pier through a gate that opened to the Disputed Area.

After Carter died, Vicky Medford purchased his home on Lot A. By that time, Cruz had built a house on Lot B and moved in. When Cruz attempted to enter through the gate to the Disputed Area, Medford kicked her out and accused her of trespassing. Medford then place “No Trespassing” signs along the fence, but Cruz climbed it anyway.

The neighbors sued each other to determine if Medford owned the Disputed Area by adverse possession. The trial court held that she did not, and Medford appealed.

Questions:

1. Did Medford acquire title to the Disputed Area by adverse possession?

2. Who won?

3. Although Medford had only really lived on the property for a few years, she was able to establish adverse possession for a period of twenty years. How?