Graybill v. Lampman
332 P.3d 511
Wyo.2014Background
- Prados purchased their 1966 lot and used a disputed eastern strip believing it was theirs.
- A fence between parcels indicated, but later surveys showed the true boundary lay east of the Prados’ belief.
- Lampmans bought the eastern lot in 1989 and fenced along the disputed area.
- Prados continued to use and maintain the disputed parcel through 1989, treating it as their own.
- Graybills entered into a 2011 contract for deed with the Prados, assuming the disputed parcel was included, sparking litigation.
- District court found no adverse possession by Prados; appellate court reverses and remands for further factual development on adverse possession by Lampmans.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Prados establish a prima facie case of adverse possession from 1966 to 1989? | Prados possessed openly, exclusively, continuously, adversely; 1966–1989 enough. | Lampmans showed possession was permissive or not hostile. | Yes, prima facie established for 1966–1989. |
| Did Lampmans prove adverse possession after 1989 to repossess? | Lampmans did repossess after 1989 by fence and use. | Record insufficient; district court must evaluate after remand. | Remand to resolve whether adverse possession occurred post-1989. |
Key Cases Cited
- Helm v. Clark, 244 P.3d 1052 (Wyo.2010) (standard for appellate review of factual findings; adverse possession framework)
- Murdock v. Zier, 137 P.3d 147 (Wyo.2006) (ten-year period; elements of adverse possession; burden shifting in mistaken boundary cases)
- Davis v. Chadwick, 55 P.3d 1267 (Wyo.2002) (open and notorious and substantial enclosure concepts in adverse possession)
- Sturm v. City, 273 P.908 (Wyo.1929) (early articulation of open/notorious and possession doctrine in boundary cases)
- Mader v. Stephenson, 501 P.2d 1253 (Wyo.1972) (possession in adverse possession discussions; relevant authorities)
