Clark v. Van Meter, No. 2012-CA-000169-MR, 2014 Ky. App. Unpub. LEXIS 116 (Ky. Ct. App. Feb. 14, 2014)

(plaintiffs and defendants were neighboring landowners; their predecessors in interest had purchased their respective properties from a common owner; defendants had recorded the deed to their property in 1941, and plaintiffs had recorded the deed to their adjacent property in 1953; plaintiffs’ deed failed to except a 10-acre tract of land specifically described in the defendants’ deed; in 2011, the plaintiffs filed a quiet title action, claiming ownership to the 10-acre tract; in affirming the lower court’s judgment in favor of the defendants, the court ruled that neither the plaintiffs’ deed nor the testimony of their surveyor had established the property line between the two properties; as such, the plaintiffs did not have “record title” to the property; the plaintiffs’ deed failed to mention the disputed tract, whereas the defendants’ deed specifically established the boundaries; plaintiffs failed to establish a claim by adverse possession because their possession of the land (to cut timber) was not open and notorious and was not hostile and under a claim of right).