Tom Olson and Katie Wahlberg recently prevailed on summary judgment in an adverse possession case involving the rights of a claimed co-tenant, ex-spouse who was absent from a cabin property over a thirty-year period. This case involved property originally owned by a husband and wife who ultimately held as joint tenants. After the marriage was dissolved, one spouse had no involvement with the property; did not enter the property; and paid no real estate taxes over a thirty-year period. At issue in this case was whether the adverse possession analysis is altered because of the former marriage and joint tenancy status of the parties. The Court agreed that the “close familial relationship” dissolved when the parties divorced, therefore, there was no assumption of non-hostility in analyzing the elements of adverse possession. The Court also agreed that the analysis of an adverse possession claim is not altered if the claimant and the party against whom adverse possession is being claimed are tenants in common or joint tenants. Bruer Decision 5.13.2020
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