S. Ct. Civ. No. 2014-0025

The Superior Court did not err in holding that the plaintiff property cotenant failed to establish a claim of adverse possession against her cotenants. A plaintiff seeking to establish adverse possession against her tenants in common bears the burden of showing that she made her cotenants actually or constructively aware that she was using the property in a manner that was hostile to their interests in the property for at least 15 years, as required by the standards set forth in 28 V.I.C. §§ 11 and 291. In this case there was no evidence suggesting that the plaintiff provided this notice until 2000, only nine years before she brought this action. Therefore, the Superior Court's December 12, 2014 order dismissing this action is affirmed. However, because the Superior Court failed to provide any explanation for attorney's fee awards it made, the record in this matter is remanded for that court to clarify how it reached its decisions in those orders. Once the Superior Court completes the remand proceedings, this Court's appellate proceedings will resume without the need for the parties to file a new notice of appeal.