Reference no: EM132214315

In 1974, the Mansells built a garage with a dirt floor at the back of their property. The structure went beyond the Mansells’ property line and encroached approximately fourteen feet on the neighboring property. The neighbor knew of the encroachment and informally approved it, but did not transfer ownership of the property. In 2001, Betty Hunter bought the neighbor’s property. The survey done at that time revealed the encroachment. In 2003, Hunter’s attorney notified the Mansells about the encroachment, and the parties held some informal conversations but did not reach an agreement. In 2006, the Mansells installed a concrete foundation and ran electricity to the structure. Hunter then sought a court judgment that she was the fee simple owner of the property partially covered by the garage that encroached on her property. She demanded the removal of the encroaching structure. The Mansells filed a counterclaim, arguing that their possession of the property from 1974 to 2001 gave them ownership by adverse possession. The trial court held that the property still belonged to Hunter, but did not order removal of the garage. Hunter and Mrs. Mansell (whose husband had died in the meantime) both appealed. Who wins and why?