In re Estates of Allen, 2011 VT 95 (Dooley, J.)

Plaintiff appeals a superior court judgment, arguing the court misstated the elements of proof for adverse possession and misapplied the law. We affirm.

Plaintiff’s main merits argument appears to be that the court erred in requiring the fifteen years to be consecutive. Thus, he argues that he showed adverse possession for the years 1964 to 1972 and again for the period from 1985 to 1992, and these periods should be added to reach the fifteen years. We have often stated that the claimant must possess the property continuously over the fifteen-year period. This is the same as saying the years must be consecutive. Plaintiff cannot add two different periods, separated by many years, to establish the fifteen years of adverse possession.We hold that the superior court acted correctly in determining that plaintiff had no interest in the mineral rights.

Affirmed.