The Union Cemetery Burial Society of North Smithfield v. John D. Foisy

Syllabus

The defendants, John D. Foisy and Donna L. Foisy, appealed from a judgment and order entered in favor of the plaintiff, The Union Cemetery Burial Society of North Smithfield (UCBS). On appeal, the defendants contended that the trial justice erred in finding that they failed to meet their burden of showing (by clear and convincing evidence) the actual, continuous, open, and notorious use of two disputed parcels of land (\the northern encroachment\ and \the eastern encroachment\) for a ten-year period prior to 2012. <br><br>The Supreme Court held that the trial justice erred in deciding that the defendants failed to satisfy the open and notorious elements of their adverse possession claim as to both the northern encroachment and the eastern encroachment. The Court held that the testimony and evidence presented at trial constituted clear and convincing evidence in support of the defendants' claim, thus satisfying their burden of proof. <br> <br>Accordingly, the Supreme Court vacated the trial court's judgment and remanded the record to the Superior Court for such further proceedings as may be necessary. <br><br>