Hoffman v. Freeman Land and Timber, LLC.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• treating as a question of law whether the historical facts as found were “significant enough” to establish hostile possession
• use of prescriptive easement case law in the context of adverse possession is reversible error
• evidence did not establish intent to own where it was “equally consistent with use of the property as a con- venience”
• existence of “no trespassing” signs, standing fence, presence of cattle, signs of timber thinning, and presence of ranch hands gave the plaintiff constructive knowledge of the defendant’s adverse possession
• wire fence that predated current owner’s ownership, “no trespassing” signs intended to keep out hunters, occasional use by cattle, and occasional thinning of brush by ranch hands insufficient to establish hostility
• “[L]imited activity may satisfy the requirement of open and notorious use * * * if it is significant enough to put an owner on notice that his or her title is being challenged.”

Source: CourtListener parenthetical corpus (CC0).