Adverse possession is difficult to prove by summary judgment because the parties’ intentions are so great a part of that theory. The element of actual possession includes actual control and the intent to exclude all other persons. Conclusory assertions do not support themselves and must have evidence in the summary judgment record to establish them. “[A]n allegation from one’s own verified petition is not sufficient documentation to support a statement of uncontroverted fact.” Survey drawing and aerial photographs showed disputed land but not actual possession.
Joseph Elyachar and Michael Elyachar vs. Big Bob’s Flooring Outlet of America, Inc., and Floors & More, LLC and Vincent Virga
Missouri Court of Appeals, Western District – WD84118
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