Missouri Court of Appeals, Southern District / Dec 12, 2023
ROGER ASH, ET UX., Appellants vs. KEVIN BEAL, ET AL., Respondents
Roger and Sherill Ash appealed a judgment quieting title to a 20-foot wide tract of land in favor of Kevin and Barbara Beal, who claimed ownership by adverse possession. The Ashes argued the trial court erred in finding the Beals proved hostile possession. The Southern District of Missouri Court of Appeals reversed the judgment, holding that the Beals' own testimony of seeking permission to use the tract negated the element of hostile possession, which is required for an adverse possession claim.