Using a piece of land for decades can create a strong sense of ownership, especially when people regularly maintain it, plant gardens and use it for everyday activities.
asserted
people → use → activities
However, long-term use does not automatically establish legal ownership.
asserted
use → establish → ownership
A Tennessee couple who claimed that a strip of land beside their home belonged to them after nearly 30 years of maintenance have lost their legal battle, with an appeals court ruling in favour of the developer.
asserted
court → claim → developer
In its October 29, 2026,
decision in Developed by Design, LLC v. James M. Travis et al., available on Justia, the Tennessee Court of Appeals upheld a lower court's ruling that the disputed land belonged to the development company.
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land → uphold → company
The court found that James M Travis and his wife, Mary M Travis, had failed to establish ownership through adverse possession.
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Travis → find → possession
Their activities, including mowing, gardening and holding yard sales, were not sufficient to satisfy the legal requirements.
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activities → include → requirements
How the property dispute began
The dispute involved Developed by Design, LLC, which had acquired approximately 43.39 acres of undeveloped land in Rhea County, Tennessee.
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which → begin → County
The company planned to develop the property, which was located next to the Travises' home.
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which → plan → home
The disagreement began in 2021 when James Travis objected to work being carried out near his property.
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Travis → begin → property
He believed the company was crossing the boundary and interfering with land that his family had used for years.
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family → believe → years
The developer maintained that the boundary shown in its property records was correct.
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boundary → maintain → records
It relied on a survey prepared by Jack B. Kimsey in 1966 and recorded in the Rhea County Register of Deeds in April 1967.
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It → rely → April
On June 14, 2023, the company filed a lawsuit seeking to establish the correct boundary and confirm its rights to a 30-foot right-of-way across the Travises' property.
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company → file → property
It also requested an injunction preventing the couple from interfering with its use of the access route.
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It → request → route
The couple challenged the company's position and filed a counterclaim, arguing that they had acquired ownership of the disputed strip through adverse possession.
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they → challenge → possession
Why the couple claimed ownership
James Travis testified that his family had treated the disputed area as part of their property since purchasing their home in 1996.
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family → claim → 1996
He described activities including mowing the grass, using weed trimmers, clearing walking paths, spreading gravel and maintaining a garden.
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He → describe → garden
They had also planted blueberry bushes, held yard sales and stored various belongings in the area.
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They → plant → area
The couple argued that these activities demonstrated continuous and exclusive use of the land for more than the 20-year period required under Tennessee's common-law adverse possession principles.
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activities → argue → principles
However, the development company disputed their claims.
uncertain
company → dispute → claims
Its representative, Caleb Yawn, testified that he had observed a garden near the boundary but believed it was located on the Travises' side of the surveyed property line.
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it → testify → line
Yawn also said that several objects, including a car door, kitchen sink, bicycle and old pipes, appeared in the disputed area after the disagreement began in 2021.
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disagreement → say → 2021
He testified that, to his knowledge, the Travises had not begun mowing the disputed area until 2021.
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Travises → testify → 2021
The trial court also questioned the credibility of James Travis's testimony concerning the couple's use of the disputed land.
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court → question → land
Why the appeals court rejected their claim
Under Tennessee law, adverse possession requires proof of actual, exclusive, adverse, continuous, open and notorious possession for the required period.
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possession → reject → period
The claim must be established through clear and convincing evidence.
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claim → establish → evidence
The appeals court found that the Travises had not satisfied these requirements.
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Travises → find → requirements
Although the couple had maintained and used the area, the judges concluded that mowing grass, gardening and planting bushes did not demonstrate the necessary degree of control over the property.
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mowing → maintain → property
The court also examined whether their use was sufficiently open and notorious.
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use → examine → ?
This means that the actual owner must have known about the possession or that the activities must have been visible enough to provide notice of the ownership claim.
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activities → mean → claim
The couple had not installed fences or no-trespassing signs to indicate that they considered the disputed area exclusively theirs.
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area → instal → fences
Their daughter, Olivia Keller, also testified that there was nothing on the land indicating that it belonged to her parents.
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it → testify → parents
The court further found that the couple had not demonstrated exclusive possession against competing ownership claims.
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couple → find → claims
Regularly maintaining an area was not enough to establish that they had exercised legal control over it.
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they → maintain → it
Court upholds the developer's rights
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Court → uphold → rights
Judge Thomas R. Frierson II delivered the appeals court's opinion, joined by Chief Judge Frank G Clement Jr. and Judge Steven W Maroney.
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II → deliver → Jr.
The court affirmed the lower court's October 20, 2025, judgment in all respects.
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court → affirm → respects
This confirmed the boundary line presented by Developed by Design and its right to use the 30-foot right-of-way.
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This → confirm → way
The case was remanded to the trial court for execution of the judgment and collection of costs.
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case → remand → costs
The appeals court also assessed the costs of the appeal against James and Mary Travis.
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court → assess → Travis
…and 2 more, not listed.
The Aporia
