Peggy Mathes et al. v. 99 Hermitage, LLC

This appeal involves a real property dispute.  Resolution of the competing interests ultimately turns on the propriety of certain adverse possession claims that have been asserted.  Following a bench trial, the trial court determined that there was no adverse possession established due to its finding that Mr. Whiteaker, a former record owner of the property, had “acquiesced in, and permitted” the possession of Mr. Eads, an original plaintiff in this action who is now deceased.  Judgment was accordingly entered in favor of the Appellee herein, an entity that purchased the property at a sheriff’s sale.  The Appellants, who assert rights to the property by dint of Mr. Eads’ alleged adverse possession, submit that there is no evidence to support the trial court’s view that Mr. Eads’ possession was subservient to Mr. Whiteaker.  For its part, the Appellee maintains that several considerations countenance against the assertion of adverse possession rights.  Having considered the various issues and arguments raised by the parties, we hold that the judgment of the trial court should be reversed, as we conclude that Mr. Eads previously acquired title to the property by common law adverse possession.