McGarry v. Coletti
Annotate this CaseThis case arose out of a dispute over real property. Plaintiffs, a husband and wife, brought an action against Defendant, a dentist, for trespass and private nuisance, and to quiet title. Plaintiffs stated in their complaint that they were the exclusive owners of the disputed property and that Defendant intentionally encroached upon this property without their consent. Defendant counterclaimed for adverse possession. The trial justice entered judgment in favor of Plaintiffs. The Supreme Court affirmed, holding that the trial justice did not err in finding that Defendant's use of the property did not meet the "open and notorious" element of adverse possession.
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