Recent Cases: Adverse Possession Not Shown

When challenging a finding for lack of substantial evidence, the appellant must address all evidence favoring the ruling, and show that such evidence is not substantial. The elements of adverse possession include actual and hostile possession, for which respondent’s supporting evidence included fencing, farming, and otherwise using the disputed land, including for access to respondent’s back acreage. Here, the appellants failed to address the evidence which favored the ruling and therefore failed to show that such evidence was not substantial.  Therefore, the trial court’s judgment finding adverse possession was affirmed.

McElvain v. Stokes, WD83737