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Property Law Appellate Court Opinion

by Zigadto, Janet


AC45508 - Supronowicz v. Eaton (Adverse possesion; "In this action to quiet title alleging ownership by adverse possession, the plaintiffs, Jacek Supronowicz and Iwona Supronowicz, appeal from the summary judgment rendered by the trial court in favor of the defendants Michael Eaton and Stephanie Hawker. The plaintiffs claim that the court improperly concluded that they could not establish their claim of adverse possession as a matter of law because they (1) failed to demonstrate that privity existed between themselves and their predecessors in title for purposes of tacking periods of possession, (2) acknowledged the defendants' superior title to the disputed area, and (3) failed to show that their use of the disputed area was exclusive. The plaintiffs assert that genuine issues of material fact remain as to each of these issues and that the court therefore improperly granted the defendants' motion for summary judgment. We agree with the plaintiffs as to each of their claims and, for the reasons that follow, reverse the judgment of the trial court.")