Marengo Cave Co. v. Ross

10 N.E.2d 917 · Indiana Supreme Court · 1937

Facts

Appellee Ross and appellant Marengo Cave Co. owned adjoining land in Crawford County, Indiana. The entrance to Marengo Cave was on appellant's land, but a portion of the cave extended under appellee's property. In 1883, the cave was discovered, and the then-owner of the land with the entrance took complete possession of the entire cave, charging admission and making improvements. This commercial operation continued for decades by successive owners, including appellant, who believed the entire cave was under their land. Appellee purchased his land in 1908 and had visited the cave as a paying customer years prior. Neither party nor their predecessors knew that part of the cave extended under appellee's land until a court-ordered survey in 1932, following appellee's request for a survey in 1929.

Issue

The legal question is whether the appellant, Marengo Cave Co., acquired title to the portion of the cave extending under appellee Ross's land through adverse possession.

Holding

The court held that the appellant did not acquire title to the subterranean portion of the cave under appellee's land by adverse possession. The judgment of the lower court in favor of the appellee was affirmed.

Rule

To establish title by adverse possession, the possession must be actual, visible, notorious, exclusive, under claim of ownership, hostile, and continuous for the statutory period. For possession to be visible, open, and notorious, it must be conspicuous enough to apprise the owner or a common observer that their rights are being invaded, like "unfurling a flag." However, for subterranean trespass, where the owner has no reasonable means of discovering the encroachment, the statute of limitations does not begin to run until the injury is discovered or reasonably discoverable. Secret occupancy, especially when concealed by nature, does not meet the requirements of open and notorious possession.

Read the full opinion on CourtListener

Case brief last reviewed . Prepared by CaseReader from the published opinion.