Supreme Court of Rhode Island

Joseph J. McGarry, Jr. v. Alfred J. Coletti

December 15, 20112011 R.I. LEXIS 150

Summary

The Rhode Island Supreme Court affirmed the Superior Court’s judgment granting the McGarrys title to the disputed parcel and rejecting Dr. Coletti’s adverse‑possession claim. The Court held that Coletti failed to prove the “open and notorious” element of adverse possession by clear and convincing evidence. It also declined to address his hostile‑use and continuity arguments because the open‑and‑notorious requirement was not satisfied.