Dowling v. Heirs of Bond

Summary

The court affirmed the judgment rejecting the plaintiff's adverse-possession claim because, although the trial court improperly required repudiation of a deeded right of way, the plaintiff failed to prove that her predecessors subjectively intended to use the parcel as their own and that their uses were hostile, open, and exclusive. The court reversed the judgment on the statutory slander-of-title counterclaim because the plaintiff's legally mistaken but rational theory, supported by attorney advice, did not establish actual malice. It therefore directed judgment for the plaintiff on that counterclaim and vacated the related award of attorney's fees and costs.