Larry Henley received Lot 6-A in Soldotna, Alaska, as a gift in 2001. The parcel was a treed lot with no improvements. Lot 6-B was adjacent and directly south of Lot 6-A. Later that year, Henley hired a company to excavate and clear part of the lot and build a house.
In 2003, Henley built a 12- × 16-foot shed on skids within the cleared area near his property’s southern boundary. Henley assumed the builders he hired would not have excavated and cleared his lot beyond its limits. However, the shed encroached into the northern edge of Lot 6-B. Henley also placed a picnic table; built a deep-pit barbeque; graveled; installed portable carports; and parked vehicles, boats, and trailers in the area around the shed.
In 2009, Shay Hurd bought Lot 6-B directly south of Henley’s Lot 6-A. Although Hurd was not sure about the precise property line, he did not conduct a survey.
In 2012, Henley began constructing a detached 36- × 64-foot shop that straddled the north/south property line between Lots 6-A and 6-B. Hurd was concerned about potential encroachment and had a friend help him assess where the boundary was. Hurd determined that part of the foundation for Henley’s detached shop encroached on Hurd’s property. Hurd did not contact Henley and stuck a stake with his name where he thought the property boundary marker should have been.
In 2015, Henley finished constructing the shop. Hurd finally had the property professionally surveyed in 2016 and subsequently sued to quiet title to his property. Henley countersued, asserting he had adversely possessed the disputed area.
1. What are the elements of adverse possession?
2. Is the standard for an adverse possessor acting in “good faith but mistaken belief” an objective or subjective one?