Grover Franklin Minor and Caroleen W. Minor v. Sandra Ann Minor

Summary

The Supreme Court of North Carolina affirmed the Court of Appeals in a dispute over whether the defendant was entitled to an adverse-possession jury instruction covering only part of a 23.72-acre parcel. The Court held that although North Carolina recognizes adverse possession of an identified portion of property, the defendant neither pleaded nor presented evidence supporting a claim limited to a specified portion under known and visible boundaries.

Holdings

1. A party claiming adverse possession of a specified portion of another's parcel is entitled to an instruction permitting the jury to find adverse possession of that portion when the party has specifically pleaded the portion and presented evidence satisfying the elements of adverse possession, including possession under known and visible lines and boundaries and a claim limited to the area actually possessed.
2. Defendant was not entitled to the requested instruction because her counterclaim did not identify a specific portion of the property and her testimony and other evidence consistently asserted adverse possession of the entire 23.72-acre tract.

Questions Presented

1. Whether the trial court was required to instruct the jury that defendant could acquire title by adverse possession to only a portion of the 23.72-acre parcel.
2. Whether defendant's pleading and evidence supported an instruction permitting the jury to determine what portion of the parcel she had adversely possessed.

Disposition

affirmed