Duane Southerland, Et Al. v. Danny Howell

This appeal arises from a boundary line dispute. Duane and Jean Southerland (“Plaintiffs”) sued Danny M. Howell (“Defendant”) in the Chancery Court for Van Buren County (“the Trial Court”) seeking declaratory judgment as to a boundary line and damages for the removal of a fence. The Trial Court found that Plaintiffs successfully established their claim of adverse possession over the disputed area. Defendant timely appealed to this Court. Defendant argues, among other things, that Plaintiffs cannot prevail because they did not own or adversely possess the property for a period of 20 years. We, as did the Trial Court, hold that, in keeping with Tennessee law, the requisite time period may be established by successive possessions. The unrefuted proof at trial was that Plaintiffs and their predecessors in title maintained actual, continuous, and exclusive possession of the disputed area for over 20 years. We affirm the judgment of the Trial Court.