22 A.3d 1131
R.I.2011Background
- In 1988, Barrows purchased a home on Wedgewood Drive with a southern boundary shared with lot 4-A owned by D&B Valley Associates, LLC.
- Lot 4-A had been owned by Peter Dunn since 1985; Dunn assisted Smith in developing nearby property and granted permission for use of a strip of 4-A to neighbor Weida.
- Dunn allowed Weida to use a strip between Weida's boundary and a stone wall on 4-A as part of facilitating the development, and Dunn relocated parking and kept the area grassed to discourage through traffic.
- After Weida sold the property to the Barrows in 1988, the Barrows continued using the strip in the same manner as the Weidas had used it for more than a decade.
- In 1999, Barrows sought to refinance and discovered the deed boundaries did not align with their understanding, leading them to sue to quiet title to the disputed strip.
- The trial court found the Barrows’ use was similar to the Weidas’ use and was permissive, not open and notorious hostil to the true owner, and denied quiet title; the Rhode Island Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does conveying the dominant parcel terminate permissive use? | Barrows claimed permission ended with the Weidas’ conveyance to Barrows. | D&B Valley maintained that permissive use continued; sale did not revoke permission absent withdrawal. | Permissive use did not become hostile upon transfer; it remained permissive. |
| Can permissive use ripen into a hostile possession absent a withdrawal or other hostile act? | Barrows contended the use could become adverse after the transfer based on changed circumstances. | Use cannot ripen into adverse possession without a withdrawal of permission or a hostile act. | A permissive use cannot ripen into adverse possession without a hostile act or withdrawal. |
Key Cases Cited
- Hilley v. Lawrence, 972 A.2d 643 (R.I. 2009) (permissive use cannot ripen into a prescriptive easement; withdrawal or change in use required for hostility)
- Stone v. Green Hill Civic Association, Inc., 786 A.2d 387 (R.I. 2001) (permissive use can become hostile when permission is withdrawn or use changes)
- Tavares v. Beck, 814 A.2d 346 (R.I. 2003) (adverse possession requires hostility to the true owner's rights; evidence standard for factual findings)
- Costa v. Silva, 996 A.2d 607 (R.I. 2010) (de novo review of questions of law; deferential to trial court on factual findings)