Clark v. Buttonwoods Beach Ass'nAnnotate this Case
In this property dispute, the Supreme Court affirmed the judgment of the superior court in favor of Defendant, holding that the trial justice did not misconceive or misconstrue the evidence at trial or err as a matter of law in concluding that Plaintiffs had not satisfied the elements for claiming the disputed property by adverse possession.
In 2009, when Plaintiffs purchased their property in Buttonwoods, the believed they had also purchased the waterfront lot across the street from their home. Two years later, Plaintiffs commissioned a property survey showing that part of the land described in their deed was also included in an eighty-foot-wide public way owned by the Buttonwoods Beach Association (BBA). Plaintiffs brought this lawsuit alleging that they owned the property by adverse possession and acquiescence. The superior court entered judgment for the BBA. The Supreme Court affirmed, holding that the trial justice did not err in concluding that Plaintiffs had not demonstrated ownership of the entire waterfront lot by adverse possession.