Peggy Mathes et al. v. 99 Hermitage, LLC (Dissenting)

I agree with the majority that, to acquire legal title or a defensive possessory right to real property through adverse possession, the Plaintiffs must show Mr. Eads had “exclusive, actual, adverse, continuous, open, and notorious” possession of the property for the requisite time. I disagree with the majority’s conclusion that Mr. Eads’s possession of the property was not “adverse.” ¹ I would hold Mr. Eads has met the requirements to show a hostile or adverse possession for common-law and statutory adverse possession.²