Tucker and Hankey were adjoining property owners. Tucker claimed that the fence separating their properties was not located properly and that it should be moved back onto Hankey's land. Hankey claimed that he owned the strip between the fence and the
alleged boundary line by adverse possession. He proved that for forty (40 ) years there had been on the strip in question a barn with a cement floor, which had been built by the person from whom he purchased his land, and that he had been told by the former owner that the fence was the boundary line. The fence consisted of five-foot-high barbed wire set in cement. Did Hankey own the strip by adverse possession?
Yes. The construction of a valuable improvement such as the barn, and the nature of the fence, showed that Hankey and the former owner had regarded themselves as the owners of the land in possession. Their possession was adverse and continuous, and it therefore satisfied the requirements of adverse possession.
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