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       #Post#: 18--------------------------------------------------
       Mannillo v. Gorski
       By: kangaroo Date: January 26, 2011, 6:13 pm
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       FACTS:  The plaintiffs filed a complaint in the Chancery
       Division seeking a mandatory and prohibitory injunction against
       a trespass upon their lands.  The defendant counterclaimed for a
       declaratory judgment which would argue that she gained title to
       the property by adverse possession.
       In 1946, the defendant and her husband agreed to purchase Lot
       No. 1007 in Block 42, in Keansburg.  The seller conveyed the
       lands to the defendants upon compliance of the agreement’s terms
       on April 16, 1952.  After the land was conveyed, the defendant’s
       husband died.  The property included a rectangular lot with a
       frontage of 25 feet and a depth of 100 feet.  The plaintiffs own
       the adjacent Lot 1008 in Block 42, which they acquired in 1953.
       In the summer of 1946, one of the defendant’s sons made
       additions and changes to the defendant’s house.  In 1953, the
       defendant raised the house and in order to compensate for the
       resulting added height, she modified the design of the steps by
       extending them toward both the front and rear of the property.
       The width was unchanged.  The defendant admits that the steps
       and walk encroach upon the plaintiff’s property to by 15 inches;
       however, she claims she has title to the land through adverse
       possession.
       -
       judgment (judgment of a court which determines the rights of
       parties without ordering anything be done or awarding damages)
       and injunction (court order requiring a party to do something)
       -
       adverse possession
       PROCESURAL FACTS:
       -
       -
       certification
       -
       issues:
       (1)
       encroachment
       (2)
       disputed tract to the defendant,
       (3)
       consideration should be paid for the conveyance?
       ISSUE:  Did the defendant gain title to the property in question
       through adverse possession?  Is it adverse under a claim of
       right?
       RULES:
       -
       there is possession of the property for the required time which
       is exclusive, continuous, uninterrupted, visible, and notorious.
       -
       ANALYSIS:  The court stated that no presumption of knowledge
       arises from a minor encroachment along a common boundary.  It
       also stated that the true owner may be forced to turn over the
       land upon payment of the fair value for that conveyance if the
       defendant’s trespass on the property was innocent and if failure
       to convey this land will result in extraordinary hardship to the
       defendant.
       -
       -
       (1)
       (2)
       is irrelevant and it doesn’t really matter to the owner what the
       intent of the person who took possession was.
       (3)
       walking on it) are the very same that the P would do
       -
       (1)
       (2)
       (3)
       encroachmentswhere the encroachment is minor and not
       very open and not very notorious, the true owner must actually
       know that the encroachment occurred.
       -
       (1)
       plaintiff, if they did, the defendant has adverse possession
       (2)
       the 15inches to the defendant if: (plaintiff gets paid)
       
       (and)
       
       hardship to the defendant
       The Doctrine of Agreed Upon Boundaries
       -
       true boundary line, an oral agreement to settle the matter is
       enforceable if the neighbors subsequently accept the line for a
       long period of time
       The Doctrine of Acquiescence
       -
       time shorter than the statute of limitations—is evidence of an
       agreement b/w the parties fixing the boundary line
       The Doctrine of Estoppel
       -
       (or engages in conduct that tends to indicate) the location of a
       common boundary, and the other neighbor then changes her
       position in reliance on the representation or conduct.  The
       first neighbor is then estopped to deny the validity of his
       statements or acts.
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