XI Properties v. Racetrac Petroleum

Plaintiffs, XI Properties Inc. et al., purchased land from the defendant, RaceTrac, adjacent to RaceTrac Petroleum in 1992. Seven years later, XI Properties, while attempting to develop the property, learned RaceTrac had inadvertently conveyed to them portions of RaceTrac parking, curbs and light posts. Plaintiffs proposed to remove the unnatural slope created by the parking lot, but defendants were concerned about their rights and responsibilities. Plaintiffs filed a declaratory judgment. Defendants filed a Motion for Summary Judgment. We reverse the trial court=s grant of summary judgment to XI Properties as to adverse possession by RaceTrac. We remand the issue to the trial court to determine if Racetrac can establish possession of the property. Further we affirm the finding that XI Properties owes no duty to RaceTrac for lateral support, so long as it does not act negligently.