BECK v NEVILLE
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In this case, the Supreme Court of Arizona affirmed a lower court's decision involving a dispute over a 135 square foot piece of land between two neighboring property owners, the Becks and the Nevilles. The Becks had landscaped their property and mistakenly installed decorative pavers outside their actual property line, encroaching on the Nevilles' land. The Nevilles claimed ownership of this disputed land based on the doctrine of "boundary by acquiescence" and "adverse possession."
The Court held that Arizona law recognizes a cause of action for boundary by acquiescence. To succeed in such a claim, a claimant must prove by clear and convincing evidence that: (1) they occupied or possessed the property up to a clearly defined line, (2) the adjoining landowners mutually acquiesced to that line as the dividing line between their properties, (3) they continuously acquiesced for ten years, and (4) the actual boundary was uncertain or disputed.
The Court also held that occasionally parking a car partially on an adjoining landowner’s property is insufficient to establish the open and notorious element of an adverse possession claim.
In this instance, the Court found that the Nevilles failed to provide sufficient evidence to satisfy the elements of either boundary by acquiescence or adverse possession. Consequently, the Court affirmed the trial court's decision that the Becks were the rightful owners of the disputed land.
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