Real Property-Trespass-Adverse Possession

Staff Report//March 18, 2026//

Listen to this article

Plaintiffs appealed the adverse judgment on their claims for trespass and ejectment and the grant of judgment to defendant on his claim for adverse possession of portions of plaintiffs’ property. Plaintiffs argued that there was insufficient evidence of defendant’s open and notorious of the property for the statutory period and that the trial court misapplied the law in denying plaintiffs’ statutory trespass claim.

Where the trial court credited testimony that provided sufficient evidence of defendant’s qualifying open and notorious possession of the disputed property, the trial court did not err in granting adverse possession to defendant.

Judgment is affirmed.

Bourbon v. Benson (MLW No. 84485/Case No. ED113648 – 12 pages) (Missouri Court of Appeals, Eastern District, Lay, J.) Appealed from circuit court, Washington County, Dorsett, J. (Andrew J. Bauman for appellants) (Robert S. Reid for respondent)