ADVERSE POSSESSION - REQUIREMENTS FOR OBTAINING TITLE TO A CAVE BY ADVERSE POSSESSION

Authors

Donald M. Swope, University of Michigan Law SchoolFollow

Abstract

Plaintiff and defendant were owners of adjoining properties. On defendant's land was located the only opening to a cavern, which a remote grantor of defendant discovered in 1893. Since that time, defendant and its immediate and remote grantors have improved the cave for visitors, and conducted persons through it upon the payment of an admission price. With wide publicity, this has continued for almost fifty years. Plaintiff first visited the cave in 1895, paying an admission fee for the privilege, and has visited it several times since. A part of said cave extended under real estate owned by plaintiff, but this fact was not ascertained until a survey was made in 1932. Defendant, and its grantors, thought that all the cave was under land belonging to them. Plaintiff brought action to quiet title to the part of the cavern under his land. Held, defendant did not acquire title to the part of the cave beneath plaintiff's land by adverse possession. Marengo Cave Co. v. Ross, 212 Ind. 624, ION. E. (2d) 917 (1937).

Recommended Citation

Donald M. Swope, ADVERSE POSSESSION - REQUIREMENTS FOR OBTAINING TITLE TO A CAVE BY ADVERSE POSSESSION, 37 Mich. L. Rev. 307 (1938).
Available at: https://repository.law.umich.edu/mlr/vol37/iss2/8