Stoeher v. Saville

Plaintiff filed a lawsuit premised on trespass seeking an order that defendant move a portion of his driveway that allegedly encroached on plaintiff’s property. Defendant filed a counterclaim asserting ownership of the disputed property under a theory of adverse possession. The trial court found, in part, in favor of the defendant and plaintiff appealed. The appellate court held that the trial court finding that defendant had hostile possession of the driveway encroachment for 20 years was against the manifest weight of the evidence and reversed the portion of the trial court judgment declaring defendant to be the owner of the disputed portion of the property. (HARRIS and ZENOFF, concurring)