In re .88 ACRES OF PROPERTY
676 A.2d 778 (1996)
NATURE OF THE CASE: Harrington (D) appealed an order that granted the Shelbourne's (P)
motion for summary judgment and declared that P acquired land by adverse possession.
FACTS: In 1807, by warranty deed, D conveyed land to P. One of the properties, was
donated as long as P built a meeting house thereon and continued to use it for that purpose.
P built the meeting house in 1808 which was burnt down in 1865. A new meeting house was
built in 1867 and it too was destroyed by fire in 1925. In 1927 P built a school on the
land. P sued to quiet title in 1994. The court held that P had acquired the land by adverse
possession. D appealed. D contends the 15-year period does not apply under 12 V.S.A. 462
and that municipalities can never acquire land by adverse possession.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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