Theresa P. O’connor v. Dorothy Larocque

Summary

The court reversed the judgment quieting title in favor of the plaintiff because she failed to prove by clear and convincing evidence that she had ousted her cotenant and given her clear and unmistakable notice of an adverse claim for the statutory period. The plaintiff's mistaken belief that she owned the entire lot before discovering the cotenancy, and her subsequent payment of taxes, maintenance, tree planting, and permitting parking, were consistent with possession by a cotenant and did not establish the required intent and notice. The case was remanded for judgment for the defendant on the complaint and further proceedings on the defendant's partition-or-sale counterclaim. Rogers, C. J., dissenting, would have affirmed, concluding that the evidence sufficiently supported the trial court's finding of constructive notice and ouster.