Weinstein v. Hurlbert
Annotate this CaseRichard Hurlbert, Audrey McGlashan, and Hurlbert-McGlashan, LLC (collectively, Hurlbert) had record title to property abutting Andrew and Melinda Weinstein's (collectively, Weinstein) property. This action arose from the parties' dispute about ownership of certain property. The superior court declared that Weinstein held title to the disputed land through adverse possession. Hurlbert appealed, arguing that the trial court erred because Weinstein failed to satisfy his burden of establishing the required elements of an adverse possession claim. The Supreme Court agreed and vacated the judgment, holding that Weinstein's use of the property was not sufficiently hostile and notorious to put the true owner on notice that the land in question was actually, visibly, and exclusively held by Hurlbert in antagonistic purpose.
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