Finn v. Alexander

Citations

• 102 Kan. 607
• 171 P. 602
• 1918 Kan. LEXIS 106

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title — Adverse Possession — Essential Requirements. Title to the land of another cannot be acquired by adverse possession unless the possession is open, notorious, hostile, and exclusive — a possession of such a nature and notoriety that the owner may be presumed to know that the occupant is claiming a title inconsistent with his own.</p> <p>2. Same — Occupancy in Common — Not Adverse Possession. Occupancy of land in common with the owner, or with his consent and in recognition of his right, is not sufficient to constitute adverse possession.</p> <p>3. Same — Evidence—Payment of Taxes. Payment of taxes, although not a controlling circumstance, is one of the means by which ownership is asserted, and the failure to pay taxes weakens a claim of ownership by adverse possession.</p> <p>4. Same — Findings Sustained by Evidence. The general finding of the court that the defendant had failed to sustain her claim of title by adverse possession is held to be sustained by the evidence.</p>