July 31, 2009

Court examines presumption of ownership under T.C.A. §28-2-110(a)

KINZEL SPRINGS PARTNERSHIP v. HAROLD KING, ET AL. (Tenn. Ct. App. July 31, 2009)

In this action to quiet title, the plaintiff sought the declaration of the true boundary line between the parties, along with an award of the litigation expenses, discretionary costs, and attorneys' fees incurred in protecting the title to the property. Following a bench trial, the court agreed with the property line claimed by the plaintiff. The defendants appeal. We affirm.

Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/kinzel_073109.pdf