Dowling v. Heirs of Bond

Summary

The court held that the trial court improperly required the plaintiff to prove repudiation of her deeded right of way before pursuing adverse possession, but affirmed the conclusion that she failed to prove adverse possession because her predecessors’ use did not establish the required claim of right and hostile, open, and notorious possession. The court also held that the plaintiff’s recording of her adverse-possession claim did not constitute statutory slander of title because her position rested on a rational, though incorrect, legal interpretation and therefore lacked actual malice. The slander-of-title judgment was reversed, the attorney-fee and cost award was vacated, and judgment was directed for the plaintiff on that counterclaim.