McGarry v. Coletti, 33 A.3d 140

Dispute over buffer property (lot No. 65) between defendant Coletti and plaintiffs McGarrys in Warwick.
Coletti used and maintained the disputed parcel beginning in 1973, including stone placement, plantings, bird feeders, and landscaping via Moretti.
Country Club Estates did not maintain the buffer until 1988 when plaintiffs purchased it.
Coletti continued exclusive maintenance of the parcel until 2006, including a dumpster and asphalt pad.
Plaintiffs filed suit in 2006 seeking trespass and quiet title; Coletti counterclaimed for adverse possession, which the trial court denied.
Trial judge found the open/notorious and hostile-use elements not proven and held no ten-year continuous possession; judgment for plaintiffs and remand ordered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Open and notorious use satisfied?	McGarry	Coletti	Open/notorious not proven; limited maintenance insufficient.
Hostile use proven?	McGarry	Coletti	Hostility not shown; no visible boundary occupation.
Ten-year continuous possession?	McGarry	Coletti	Not proven; indefinite period claimed; insufficient specificity.

Cahill v. Morrow, 11 A.3d 82 (R.I.2011) (adverse possession elements require actual, open, notorious, hostile use)
Corrigan v. Nanian, 950 A.2d 1179 (R.I.2008) (clear and convincing evidence required for adverse possession)
Lee v. Raymond, 456 A.2d 1179 (R.I.1983) (no particular act needed to show notice; world on notice when land used openly)
Carnevale v. Dupee, 853 A.2d 1197 (R.I.2004) (open/notorious evidenced by ongoing maintenance and improvements)
Acampora v. Pearson, 899 A.2d 459 (R.I.2006) (maintenance and use of land sufficient for open/notorious standard)
Anthony v. Searle, 681 A.2d 892 (R.I.1996) (trees and lawn maintenance can satisfy open/notorious element)
Gammons v. Caswell, 447 A.2d 361 (R.I.1982) (clearing underbrush and maintaining land can support ownership claim)