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ALLRED EX REL. JENSEN v. ALLRED

Nos. 20051049, 20060171.

182 P.3d 337 (2008)

2008 UT 22

David H. ALLRED, deceased, by and through Mary A. JENSEN, personal representative for the Estate of David H. Allred; and Inez H. Allred, Plaintiffs, Appellants, and Cross-Appellees, v. Richard G. ALLRED, individually and as Trustee for The Richard Mark Allred Trust, The Robert Matthew Allred Trust, The Mary Michelle Allred Trust, The Michael Christopher Allred Trust, The Stephen James Allred Trust, The Karen Allred Trust, The Nathan Allred Trust, The Mary Allred Trust; Mary Lee Allred, as Trustee for the Richard G. Allred Trust; and Qwest Corporation, Defendants, Appellees, and Cross-Appellants.

Supreme Court of Utah.

Rehearing Denied April 17, 2008.

Attorney(s) appearing for the Case

Michael R. Carlston, Kenneth L. Reich, Salt Lake City, for plaintiffs.

Richard G. Allred, Anaheim, CA, for defendants.

Mary Lee Allred, Bountiful, pro se.

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case we are called upon to decide whether a claimant to property by adverse possession may satisfy the actual possession requirement through a tenant. We conclude that placing a tenant on property and collecting the rent for one's own benefit may constitute actual possession and use of the property adverse to the legal title holder, which, if hostile, open and notorious, and continuous for the statutory period...

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