Lessee of Ewing v. Burnet case brief

Lessee of Ewing v. Burnet
Property Law Case Brief

Subject:  Adverse Possession.

Case Summary:
The plaintiff sued to recover land that had long been occupied by Burnet (Defendant).

Case Facts:
Due to an apparent clerical error, Williams and Burnet both obtained title to the same plot of land from one Symmes. Although Williams technically held the elder title, he never exercised any rights of ownership over the land. For some fourteen years, Burnet treated the land as his own. He used it as a source of gravel, paid taxes on it, erected a fence to keep out intruders, and sued trespassers.

Issue:
Should Burnet be granted title to the land through adverse possession?

Holding:
Yes, Burnet should be granted title through adverse possession.

Analysis:
Burnet’s open and notorious occupancy of the land for more than twenty-one years gives rise to adverse possession of that land. He possessed that land to the extent that anyone in his situation could have been expected to assert ownership. It is not necessary for Burnet to have made any particular use of that land as long as he demonstrated control of the land through public acts of ownership.

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