## Facts

- Floyd H. Fulkerson held record title to a 4.5-acre parcel in Pulaski County, Arkansas, acquired in 1949; a small church building sat near the highway.
- Around 1985, a congregation later incorporated as Progressive Church, Inc. began using the building for worship without obtaining Fulkerson’s permission.
- The congregation made substantial improvements to the parcel and building, including clearing debris, replacing major building components, adding a 40-foot building/office, and installing central heat and air.
- Around 1990, Fulkerson attempted to negotiate a lease with the church’s pastor, Sylvester Van Buren, but no agreement was reached.
- In November 1994, Fulkerson demanded that the church vacate; the church refused.
- Van Buren testified that the church learned in 1990–1991 it had no deed and that he accepted Fulkerson’s ownership when informed; he further testified the church did not intend to hold title adversely until the dispute escalated in 1994–1995.

## Issues

1. Whether Progressive Church, Inc. proved adverse possession of the parcel under Arkansas law, including seven years of continuous possession that was visible, notorious, distinct, exclusive, hostile, and under an intent to hold against the true owner.
2. Whether the church established “clear, distinct, and unequivocal” hostile intent to claim ownership for the full seven-year statutory period.

## Decision

- The Arkansas Court of Appeals reversed the judgment awarding title to Progressive Church, Inc. by adverse possession and remanded.
- The court held the church failed to prove hostile, adverse intent for seven continuous years.
- The court concluded the evidence showed the church’s occupancy was largely consistent with recognition of, or subservience to, Fulkerson’s superior title until at least November 1994.

## Legal Principles

- Adverse possession requires continuous possession for more than seven years that is visible, notorious, distinct, exclusive, hostile, and accompanied by intent to hold against the true owner.
- Hostility requires possession under a claim of right or ownership, not in recognition of or subservience to the record owner’s superior title.
- Possession is not ordinarily presumed adverse; mere use and occupancy are insufficient without proof that adverse intent was clear, distinct, and unequivocal.
- A claimant without color of title bears a greater burden and must show actual possession to the extent of the claimed boundaries for the required period.
- Religious organizations are not barred from acquiring title by adverse possession; they are subject to the same elements and proof requirements.

## Conclusion

Because the church’s own proof reflected uncertainty about its claimed right and acknowledgment of the record owner’s title until the mid-1990s, it did not establish seven years of clear hostile intent, so the adverse-possession award was reversed and the case remanded.


Fulkerson v. Van Buren, 961 S.W.2d 780 (Ark. Ct. App. 1998)