459 S.W.3d 317
Ark. Ct. App.2015Background
- Morrison purchased land in 1982; a 9.5-foot strip along the common boundary with Carruth was disputed.
- At purchase, a storage building and an old dog pen encroached minimally onto the strip; a ditch lay within the strip and Morrison’s water meter sat about a foot over Carruth’s side of the ditch.
- Morrison planted pine trees (1981) and later crape myrtles near the ditch, kept a compost area (removed before trial), and erected a dog pen on the strip in April 2013.
- Morrison offered no boundary survey and conceded she did not know the precise boundary from her deed’s description; she attached deed and tax records to her complaint but did not introduce them at trial.
- Carruth moved onto her property in 1985, maintained that the ditch was within her boundary, acknowledged minimal encroachments, and both parties testified to mowing/maintaining the disputed strip at times.
- The circuit court denied Morrison’s quiet-title and adverse-possession claims, finding Morrison failed to prove record-title location and failed to meet the common-law elements of adverse possession; the court did not reach statutory elements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the disputed 9.5-ft strip falls within Morrison’s deeded legal description (quiet title) | Morrison: deed description encompasses the strip; deed exhibits and tax records show ownership | Carruth: Morrison introduced no survey or trial evidence proving boundaries | Held: Morrison failed to prove record title—no survey or admissible evidence tying deed to strip; claim rejected |
| Whether Morrison established common-law adverse possession (continuous, visible, notorious, distinct, exclusive, hostile, intent for >7 years) | Morrison: physical acts (plantings, past structures, composting, mowing) show possession hostile and continuous since 1982 | Carruth: encroachments were minimal or predated Carruth; plantings predated Carruth’s ownership; maintenance evidence is evenly split | Held: Court affirmed trial finding Morrison failed to meet common-law elements—encroachments were slight or predate Carruth and maintenance evidence was balanced, so burden not met |
| Whether Morrison satisfied statutory adverse-possession requirements (color of title and tax payment for 7 years) | Morrison: deed and tax payments (on contiguous property) fulfill color-of-title and tax-payment requirements | Carruth: statutory requirements not shown at trial; statute applies only to claims vesting after 1995 | Held: Court declined to rule on statutory elements because common-law elements failed; also noted statute inapplicable if rights vested before 1995 (Morrison’s claim vested earlier) and no evidence of deed/taxes was introduced at trial |
| Evidentiary sufficiency and burden of proof | Morrison: attached deed/tax exhibits to complaint and relied on testimony about use and improvements | Carruth: contested those facts; highlighted lack of admissible deeds/surveys and balanced testimony on maintenance | Held: Trial court properly weighed credibility and evidence; because testimony was evenly divided on key facts, Morrison (the party with the burden) did not prevail |
Key Cases Cited
- Parkerson v. Brown, 430 S.W.3d 864 (Ark. App.) (standard of de novo review and deference to trial-court factual findings)
- Strother v. Mitchell, 382 S.W.3d 741 (Ark. App.) (trial court’s advantage on witness credibility and weight of testimony)
- Lafferty v. Everett, 436 S.W.3d 479 (Ark. App.) (definition and elements of common-law adverse possession)
- Sutton v. Gardner, 387 S.W.3d 185 (Ark. App.) (adverse-possession governed by common law)
- Anderson v. Holliday, 986 S.W.2d 116 (Ark. App.) (acts of ownership sufficient when they show dominion over land)
- Moses v. Dautartas, 922 S.W.2d 345 (Ark. App.) (extent of possession/dominion depends on location and character of the land)
- Barre v. Hoffman, 326 S.W.3d 415 (Ark.) (party bearing the burden cannot prevail where evidence equally supports inconsistent propositions)
- Titan Oil & Gas, Inc. v. Shipley, 517 S.W.2d 210 (Ark.) (principle that evenly balanced evidence defeats party with burden)