Real Property : Adverse Possession – Hostile – Burden Of Proof

Where property owners challenged a judgment rejecting their claim of adverse possession of a 530 acre parcel of land, the heightened burden of proof that generally applies to claims among cotenants did not apply because the parties were not aware of the potential cotenant interest and possessed the land under color of title, so the judgment is reversed because under normal adverse possession rules, the plaintiffs’ possession was hostile.

Judgment is reversed.

Robertson v. Mauzey (MLW No. 70514/Case No. WD79039 – 12 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Chariton County, Tschannen, J. (William J. Daily, Glasgow, for appellant) (Lesa L. Bonnett, Macon, for respondent).

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