Allen Cronier v. ALR Partners L.P.
248 So. 3d 861
Miss. Ct. App. Hist.2017Background
- In 2012 Allen and Janice Cronier bought an "approximately 80 acre" tract in Jackson County; a later survey showed the parcel was ~70 acres and a roughly 9.57-acre strip bounded by long-standing markers was disputed by adjacent landowners (the Rainwaterses/ALR and MKAZ).
- The Rainwaters family had long used, marked (yellow blazes, corner posts), and maintained portions of the disputed boundary area for decades and used a road across it to access other Rainwaters property; markings were last formally refreshed in 1987.
- After preliminary surveys revealed a boundary discrepancy, the Croniers installed fencing and gated a road; some old markers/blazes were found altered or removed and competing surveys (Moody for Rainwaterses; Rowe for Croniers) produced different boundary lines.
- The Rainwaterses sued in December 2013 to quiet title/confirm boundary by adverse possession; they amended for trespass, damages, and attorney fees after the Croniers fenced and gated.
- After a bench trial the chancery court found adverse possession in favor of the Rainwaterses for the western and northern disputed areas (but not a southern sliver), ordered the Croniers to remove fencing, and awarded $10,790.05 in attorney fees and court costs to the Rainwaterses.
- On appeal the Mississippi Court affirmed the adverse-possession finding but reversed/remanded the attorney-fee award for clarification whether fees were awarded in lieu of punitive damages.
Issues
| Issue | Plaintiff's Argument (Rainwaterses) | Defendant's Argument (Cronier) | Held |
|---|---|---|---|
| Whether Rainwaterses proved adverse possession of ~9.57 acres | Longstanding, visible boundary markings and continuous use (marking, firebreaks, turpentine harvesting, hunting leases, road use) established the six elements for 10-year statutory adverse possession | Possessory acts were remote, insubstantial, and insufficiently open/notorious; deed description controls; evidence does not meet clear-and-convincing standard | Court affirmed: evidence supported each element and title ripened in Rainwaterses for the north/west portions |
| Whether possession was open, notorious, visible, continuous, exclusive, and hostile | Markings, physical acts, leases, and road use put record owner on notice over decades | Activities were sporadic, overgrown, and not sufficiently manifest to the record owner; fence presence alone insufficient | Court found the acts met the statutory tests (open/notorious/continuous/exclusive/hostile) based on testimony and survey corroboration |
| Whether attorney fees could be awarded absent contract/statute/punitive damages | Requested fees as damages for Croniers' alleged reckless/knowing interference (punitive-style relief) | Fees improper under American rule without contractual/statutory basis or punitive-damage finding | Court reversed and remanded: fee award must be clarified; fees may be awarded only if treated as punitive-damage equivalent and supported by findings of actual malice |
| Scope of relief (removal of fence, boundary line determination) | Requested quiet title/confirmation of boundary per Moody survey and removal of fencing | Argued deed description and own survey supported different boundary | Court ordered removal of Croniers' fencing encroaching on Rainwaterses' adversely possessed area and confirmed boundary consistent with chancellor's findings |
Key Cases Cited
- Rester v. Greenleaf Res. Inc., 198 So.3d 472 (Miss. Ct. App.) (standard of review for chancellor's factual findings)
- Wicker v. Harvey, 937 So.2d 983 (Miss. Ct. App.) (elements and tests for adverse possession)
- Blackburn v. Wong, 904 So.2d 134 (Miss.) (adverse-possession elements)
- Blankinship v. Payton, 605 So.2d 817 (Miss.) (open and notorious possession language)
- Double J Farmlands Inc. v. Paradise Baptist Church, 999 So.2d 826 (Miss.) (notice requirement and fence insufficiency)
- Lynn v. Soterra Inc., 802 So.2d 162 (Miss. Ct. App.) (statutory adverse possession effect)
- Pursue Energy Corp. v. Abernathy, 77 So.3d 1094 (Miss.) (attorney fees may be awarded in lieu of punitive damages in certain circumstances)
- Fulton v. Miss. Farm Bureau Cas. Ins., 105 So.3d 284 (Miss.) (American rule on attorney fees)
- Wise v. Valley Bank, 861 So.2d 1029 (Miss.) (standard for punitive damages/actual malice)
- Scott v. Anderson-Tully Co., 154 So.3d 910 (Miss. Ct. App.) (example of robust evidence supporting adverse possession)