3 Conn. App. 587 | Conn. App. Ct. | 1985
The sole issue presented by this appeal,
The defendants do not dispute the trial court’s finding that the plaintiff had visible, open, and exclusive possession of the property uninterruptedly for fifteen years. Instead, they apparently challenge the trial court's finding that the exclusive possession was under a claim of right without the consent of the owner, the other element necessary to establish adverse possession. Clark v. Drska, 1 Conn. App. 481, 485, 473 A.2d 325 (1984).
This issue, in a different factual context, has been considered by our Supreme Court. Loewenberg v. Wallace, 151 Conn. 355, 197 A.2d 634 (1964); Ahern v. Travelers Ins. Co., 108 Conn. 1, 5, 142 A. 400 (1928); Searles v. DeLadson, 81 Conn. 133, 70 A. 589 (1908). A mistaken belief by the adverse possessor that he owned the property when he entered into possession has been held to be immaterial in an action for title by adverse possession, as long as the other elements of adverse possession have been established. Id., 135-36.
The cases herein cited involved the ordinary boundary dispute where one of the parties mistakenly believed that a deed conveyed the disputed area to him.
The defendants correctly point out that where a cotenant attempts to dispossess the other cotenants, an actual intent to exclude the others is required. Newell v. Woodruff, 30 Conn. 492 (1862); Diamond v. Boynton, 38 Conn. Sup. 616, 458 A.2d 18 (1983). Cotenants hold undivided interests in the property and possession by one is presumed not to be adverse to any other cotenant. Ruick v. Twarkins, 171 Conn. 149, 157, 367 A.2d 1380 (1976). To overcome that presumption, a cotenant must show actions whereby the intent to disseize is clear and unmistakable. Id.
The present case, however, does not involve cotenants, but two adjoining landowners, one of whom entered into possession of land believing that he had the right to exclusive possession. The authority cited by the defendants is therefore inapposite. The plaintiff’s exclusivity of possession is rendered no less exclusive because he mistakenly believed that such right was his.
There is no error.
In this opinion the other judges concurred.
This appeal was originally filed in the Appellate Session of the Superior Court. General Statutes § 51-197a (c).
The defendants are Bernard Paletsky and his wife, Mildred Paletsky, to whom he later conveyed the disputed land.