Adverse Possession Elements Not Established.

In this boundary line dispute case, the trial court determined that the statutory adverse possession requirements had not been satisfied and ordered the reformation of deeds dating to 1918 so that the property description conformed to the intent of the parties who created the deeds.  That intent was that the boundary between the tracts would run down the middle of a driveway with the deeds providing easements on either side of the boundary line for each property owner.  The defendant appealed, arguing that there was no evidentiary basis for the establishment of a boundary line and the easements and that the reformed deeds shifted ownership of the disputed tract from them.  The defendants claimed the disputed area via adverse possession.  On appeal, the court affirmed on the basis that the defendant failed to establish exclusive use.  The court also noted that the trial court acted properly in reforming the deeds.  Rosenthal v. McGraw, No. 2013AP1601, 2014 Wisc. App. LEXIS 653 (Wisc. Ct. App. Aug. 7, 2014). 

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