West Headnote of the Day – January 26, 2010

January 26, 2010

West's Key 20 Adverse Possession
West's Key 20I Nature and Requisites
West's Key 20I(F) Hostile Character of Possession
West's Key 20k59 Possession Consistent with That of Another, and Possession Becoming Adverse After Amicable Entry
West's Key 20k61 k. By Persons in Fiduciary Relations.

Son’s using privy, raising chickens and picking blackberries on father’s unenclosed lot was as consistent with permissive use as with hostile use and was insufficient as matter of law to establish title by adverse possession by son against his father.
McIntosh v. Chincoteague Volunteer Fire Co., Inc., 260 S.E.2d 457 (Va. 1979)

20 Adverse Possession