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21
Fulkerson
CHURCH Adverse Possession
Majority-
Judgment in favor of owner
i. Possession of land will not ordinarily be presumed to be adverse, but rather subservient to the true owner of the land.
ii. Should we consider intent or just use objective standard?
-Just another tool for judges to inject their values into decision?
iii. Court didn't like that there were negotiations→ hostility requirement
Dissent
i. Don't believe church recognized owner's ownership
ii. Church clearly demonstrated hostile intent w/in meaning of law
Majority-
Judgment in favor of owner
i. Possession of land will not ordinarily be presumed to be adverse, but rather subservient to the true owner of the land.
ii. Should we consider intent or just use objective standard?
-Just another tool for judges to inject their values into decision?
iii. Court didn't like that there were negotiations→ hostility requirement
Dissent
i. Don't believe church recognized owner's ownership
ii. Church clearly demonstrated hostile intent w/in meaning of law
