44.4 Adverse Possession. In 1972, Ted Pafundi bought a quarry in West Pawlet, Vermont, from his neighbor,

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44.4 Adverse Possession. In 1972, Ted Pafundi bought a quarry in West Pawlet, Vermont, from his neighbor, Marguerite Scott. The deed vaguely described the eastern boundary of the quarry as “the westerly boundary of the lands of” the neighboring property owners. Pafundi quarried green slate from the west wall until his death in 1979, when his son Gary began to work the east wall until his death in 1989. Gary’s daughter Connie then took over operations. All of the Pafundis used the floor of the quarry as their base of operations. In 1992, N.A.S. Holdings, Inc., bought the neighboring property. A survey revealed that virtually the entire quarry was within the boundaries of N.A.S.’s property and that twenty years earlier, Ted had actually bought only a small strip of land on the west side. When N.A.S. attempted to begin quarrying, Connie blocked the access. N.A.S. filed a suit in a Vermont state court against Connie, seeking to establish title. Connie argued that she had title to the quarry through adverse possession under a state statute with a possessory period of fifteen years. What are the elements to acquire title by adverse possession? Are they satisfied in this case? In whose favor should the court rule, and why? [N.A.S. Holdings, Inc. v. Pafundi, 169 Vt. 437, 736 A.2d 780 (1999)]

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Business Law Today Comprehensive

ISBN: 9780324595741

8th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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