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Martha L. Butler v. James L. Burrow

Tenn. Ct. App.January 7, 2020No. M2018-02283-COA-R3-CV
Mixed ResultJames L. Burrow

Case Details

Judge(s)
Presiding Judge Frank G. Clement, Jr.
Status
Published
Procedural Posture
bench trial

Related Laws

No specific laws identified for this ruling.

Outcome

Court ruled plaintiffs acquired half of abandoned railroad property through adverse possession and awarded damages for fence removal and flood damage; defendants' counterclaims outcome unclear from snippet.

Excerpt

This appeal arises from an action for trespass, injunctive relief, and to quiet title pursuant to a theory of common law adverse possession. The multiple parties are adjoining neighbors and/or affiliated businesses. The centerpiece of this litigation concerns the ownership of a strip of railroad property that is 66 feet wide and comprises 2.9 acres. The railroad removed the track and abandoned the property in 1977, after which all that remained was a berm on which the former track lay. After the track was removed, one of the neighboring owners erected a fence along the center of the entire length of the railroad property. Since that time, the neighboring property owners considered the fence to be the new property line and used the 33 feet of the property on their side of the fence as their respective property. However, the neighboring property owners never paid taxes on the abandoned railroad property. In 2015, one of the three defendants acquired the abandoned property by quitclaim deed from the railroad and removed the fence and leveled the berm in order to install a road to serve a residential development planned for an adjacent 42-acre tract. Thereafter, the owners of two separate adjoining properties filed suit against the three affiliated defendants seeking an injunction and to recover damages caused by flood water that had been diverted onto the plaintiffs' property due to the removal of the berm. The plaintiffs also asserted claims for trespass and to quiet title to the 33 feet of the former railroad property that adjoined their property. The defendants filed counterclaims alleging that the temporary injunction halted development of the road and caused them to suffer damages. Following a bench trial, the court ruled that the plaintiffs acquired half of the abandoned railroad property through adverse possession. The court also awarded damages against the defendants for removing the fence the plaintiffs used to contain their cattle and for flood damage that re

What This Ruling Means

This case involved a property dispute between neighboring landowners Martha Butler and James Burrow over a strip of abandoned railroad land. The railroad had removed its tracks and left the property in 1977, leaving behind only an earthen berm. Butler claimed she had gained ownership of part of this 66-foot-wide, 2.9-acre strip through "adverse possession" - a legal concept where someone can gain ownership of land by using it openly for many years without the actual owner's permission. The court issued a mixed ruling, finding that Butler had successfully acquired ownership of half the abandoned railroad property through adverse possession. The court also awarded her damages for fence removal and flood damage that had occurred on the property. **Why this matters for workers:** While this case deals with property law rather than employment law directly, it shows how legal disputes between business owners and neighbors can affect workplace operations. If your workplace is located near disputed property boundaries, construction or legal conflicts could potentially impact your job site access, safety, or business operations. Workers should be aware that property disputes involving their employers might create temporary disruptions to normal business activities.

This summary was generated to explain the ruling in plain English and is not legal advice.

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