Church Property

• Key point 7-18. Churches can lose a portion of their property to a neighboring landowner as a result of "adverse possession," if the neighbor openly and adversely occupies church property for the length of time prescribed by state law.

A Tennessee court ruled that a woman who used a path across a church's property had not acquired an easement because her years of use were less than what were prescribed by law. A woman (Pat) purchased property next to a church in 1986 from her aunt, who had purchased the property in 1970. Pat resided on the property from 1986 until 1992, at which time her daughter moved onto the property. Pat and others used a curving driveway that provided access to two perpendicular roads that bordered the church property. This driveway bisected the church property and was used by Pat and others to access a paved area next to the house on Pat's property. This use ...