Nusekabel v. Cincinnati Pub. Title by adverse possession may be established either pursuant to the common law or statutory provisions. The common law applies. See Falvo v. Pejepscot Indus. Whether specific acts are sufficient to establish the elements of adverse possession can only be resolved in light of the nature of the land, the uses to which it can be put, its surroundings, and various other circumstances.
Adverse possession presents a mixed question of law and fact.
Whether those acts were really done, and the circumstances under which they were done, raise questions of fact. Maine Gravel Servs. It is primarily for the factfinder to judge the credibility of witnesses and to consider the weight and significance of any other evidence. We direct our attention to the elements of adverse possession, to determine whether the record contains sufficient credible evidence to support the trial court's determination that the MacLeods met their burden of establishing each of the elements. The record indicates that the entire parcel remained in the immediate occupancy and physical control of the MacLeod family from 1950 to 1995.