ANGELA WENTWORTH v. ROBERT TURNER ET AL. - Articles

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ANGELA WENTWORTH v. ROBERT TURNER ET AL.

Posted by: Azya Thornton on Apr 10, 2025

Court: TN Court of Appeals

Attorneys 1: Michael Savage, Livingston, Tennessee, for the appellant, Angela Wentworth.

Attorneys 2: C. Douglas Fields, Crossville, Tennessee, for the appellees, Robert Turner and Jackie Turner.

Judge(s): USMAN

After discovering that her neighbors had built a home on rural property that she owned, the property owner brought an ejectment action to remove them. The neighbors asserted an affirmative defense based upon Tennessee Code Annotated section 28-2-103, which protects against ejectment if the defendant can show adverse possession for seven years. Following a trial, the trial court found that the neighbors had proven adverse possession and set a boundary line of the possessed area, drawing upon an exhibit produced by a surveyor. Thepropertyownerassertsthattheboundarydeterminedbythetrialcourtwas too expansive and unsupported by clear and convincing evidence. The neighbors assert that the trial court drew the boundary line in a manner too restrictive, failing to encapsulate the entirety of the area they actually possessed. We affirm the judgment of the trial court.

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