The Tennessee Court of Appeals upheld a lower court decision rejecting James and Mary Travis's adverse possession counterclaim against Developed by Design, LLC. While the couple argued they maintained the disputed strip since purchasing their home in 1996, the court found their activities lacked the necessary exclusive control. Notably, the couple never erected fences or posted "no trespassing" signs, a point reinforced when their own daughter testified that no visible markings indicated the land was her parents'.
Key points
Performing maintenance such as mowing and planting blueberry bushes is legally insufficie…: Performing maintenance such as mowing and planting blueberry bushes is legally insufficient to prove adverse possession by clear and convincing evidence.
Property owners must demonstrate open and notorious possession, typically requiring visib…: Property owners must demonstrate open and notorious possession, typically requiring visible markers like fences or signage to provide notice of an ownership claim.
Boundary disputes initiated by commercial developers can rely successfully on historical…: Boundary disputes initiated by commercial developers can rely successfully on historical property surveys to defeat unverified adverse possession counterclaims.
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Using a piece of land for decades can create a strong sense of ownership, especially when people regularly maintain it, plant gardens and use it for everyday activities. However, long-term use does not automatically establish legal ownership. A Tennessee couple who claimed that a strip of land beside their home belonged to them after nearly 30 years of maintenance have lost their legal battle, with an appeals court ruling in favour of the developer.
In its October 29, 2026,
decision in Developed by Design, LLC v. James M. Travis et al., available on Justia, the Tennessee Court of Appeals upheld a lower court's ruling that the disputed land belonged to the development company. The court found that James M Travis and his wife, Mary M Travis, had failed to establish ownership through adverse possession. Their activities, including mowing, gardening and holding yard sales, were not sufficient to satisfy the legal requirements.
How the property dispute began
The dispute involved Developed by Design, LLC, which had acquired approximately 43.39 acres of undeveloped land in Rhea County, Tennessee. The company planned to…
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