Mendonca v. Cities Service Oil Co

In Mendonca v. Cities Service Oil Co., 354 Mass. 323, 326, 237 N.E.2d 16 (1968), the SJC found that the use of a disputed strip of land by the record owner's workmen for a period of three to four weeks caused an interference in the continuous possession of the strip by the adverse possessor. 354 Mass. at 326. The record owner constructed a fence which was set back twenty-four feet from his westerly boundary line, thus defining the disputed area. Id. at 325. The record owner hired workmen to renovate a building on his property and construct an addition thereto. Id. During the construction, the workmen stored building materials and equipment on the disputed strip, tore down the fence previously constructed by the record owner, and built a new fence in approximately the same location. Id. at 325-26. The adverse possessor did not protest the workmen's actions. Id. The SJC concluded that an interruption occurred in the continuity of possession stating that "the removal of the fences and the use of the strip during the remodeling of the station were acts of dominion by the defendant record owner consistent with its title of record." Mendonca, 354 Mass. at 326. In Mendonca, the evidence showed that the contractors "used the disputed area for the storage of building materials and equipment for a period of three or four weeks." 354 Mass. at 325-326.