Raymond Desrochers v. Luigi Micheli III

Summary

The Rhode Island Supreme Court reviews an adverse possession dispute between owners of adjoining properties in Johnston, Rhode Island. The trial court found that the plaintiffs adversely possessed part of the disputed area but failed to establish hostility as to the portion along a former hemlock tree line because a prior owner may have granted permission. The Supreme Court affirms in part and vacates in part the Superior Court judgment.

Holdings

1. Assuming the former owner granted plaintiffs permission to use the disputed area, the subsequent conveyance of the servient parcel to owners unaware of that permission terminated the personal license. The conveyance therefore could permit plaintiffs' use to be treated as adverse; the trial justice erred in holding that alienation of either parcel could never constitute a new hostile act.
2. Further fact-finding was required concerning whether plaintiffs' use of both portions of the disputed area was hostile and whether any permission existed or applied. The record did not support final resolution of hostility because the trial justice analyzed permission under an incorrect legal rule and did not make sufficiently specific factual findings.
3. A metes-and-bounds description is not strictly required to establish the location of land claimed by adverse possession. Plaintiffs established the disputed area along the former tree line with sufficient particularity by clear and convincing evidence, but additional factual findings were required concerning the location of the disputed area beyond the tree line.

Questions Presented

1. Whether the conveyance of the servient parcel terminated any permission previously granted by its former owner, thereby permitting the plaintiffs' use to become hostile for adverse-possession purposes.
2. Whether plaintiffs established the hostility element of adverse possession by clear and convincing evidence as to the disputed area along and beyond the former hemlock tree line.
3. Whether plaintiffs established the location and dimensions of the disputed area with sufficient accuracy, including whether a metes-and-bounds description was required.

Disposition

other