This type of deed is most often used among family members in cases where there is uncertainty regarding heirs and in divorce and
adverse possession cases.
Adverse possession cases in Massachusetts are factual intensive and require a substantial amount of historical research and preparation prior to trial.
Stokes v. Kummer is a case which reveals a divide different than most
adverse possession cases.
In particular a decision of the Upper Tribunal in Smith v Frankland [2015] UKUT 294 which looked at what happens in
an adverse possession case if the possessor is in possession only of part of the land (read our blog).
(Permissive use destroys
an adverse possession case).
Litigating a Massachusetts
adverse possession case can be quite expensive and time - consuming.
Not exact matches
Citing
case law, he noted that
possession is not
adverse to the extent that it refers to lawful title.
Adverse Possession, 2nd Edition, covers all aspects of the law and practice relating to adverse possession of registered and unregistered land, and sets out both the general principles and the application of the doctrine to specific types of
Adverse Possession, 2nd Edition, covers all aspects of the law and practice relating to adverse possession of registered and unregistered land, and sets out both the general principles and the application of the doctrine to specific types
Possession, 2nd Edition, covers all aspects of the law and practice relating to
adverse possession of registered and unregistered land, and sets out both the general principles and the application of the doctrine to specific types of
adverse possession of registered and unregistered land, and sets out both the general principles and the application of the doctrine to specific types
possession of registered and unregistered land, and sets out both the general principles and the application of the doctrine to specific types of
cases.
Citing
case law and scholarly commentary on the doctrine of
adverse possession, he concluded that «mere use or occupation is not enough» (at para 15) and that «physical
possession alone may not be enough» (at para 18).
Because a co-owner has lawful title, the burden on a co-owner to establish a claim for
adverse possession «is much heavier» than in
cases where «the
adverse possessor has no [such] underlying right» (at para 22).
Moreover, Master Schlosser referred to
case law to conclude that it is irrelevant that the co-owner seeking title through
adverse possession has only dispossessed the co-owner of uses the co-owner never intended or desired to make of the land.
He has litigated, arbitrated and mediated
cases involving banking (workouts, foreclosures, «lender liability,» and other aspects of loan enforcement and collection), real estate (developer disputes, landlord / tenant litigation, broker commission disputes, boundary disputes and
adverse possession), partnerships and family - owned businesses (issues involving company control, buyouts and valuation), real estate finance (default resolution, servicing and lien priority, trust disputes and guardianships), intellectual property (prosecution and defense of
cases involving trade secrets, trademarks, copyrights and patents) and other matters involving various contract and business tort claims.
• Notice of Referral and
Case Summary from the Land Registry • Statements of
Case • Typical Directions and Orders of the Adjudicator • Witness Statements • Application forms for Rectification of Documents • Helpful summaries for practitioners working in fields such as easements,
adverse possession, boundary disputes and covenants
In the
case of Best v Chief Land Registration [2015] EWCA Civ 17 (read our blog here) the Court of Appeal held that the fact that squatting is now a criminal offence did not prevent a claim for
adverse possession of registered land.
Litigation of title, ownership, boundary, easement, and restrictive covenant disputes;
adverse possession claims; challenges to condominium development schemes involving phasing, land withdrawal, and affordable housing issues; and condominium construction defect
cases.
In the current
case where we are counsel for the Debtor in
Possession, the Debtor has developed a platform to resell digital music; however, the Debtor received an
adverse ruling from the US District Court in New York holding that the first sale doctrine does not apply to the resale of digital music.
Recent
cases have involved issues such as:
adverse possession of farming land; nuisance due to flooding and contamination; a multi-party action for breach of contract as to farming subsidies, entitlements and negligence; and proprietary estoppel and a disputed trust of land action.
Recent
cases have involved issues such as breach of contract;
adverse possession; riparian rights; access; and disputed agricultural tenancies.
We have developed an expertise in
adverse possession and boundary line disputes, having litigated and tried scores of these
cases.
II 1996) is a waterfront
case which helps to identify the extent to which definitive (boundary) lines must be demonstrated in order to achieve
adverse possession.
Rich's court
cases run the gamut from
adverse possession, evictions, boundary disputes, zoning appeals, condominium disputes, breach of contract, title and landlord - tenant
cases.
The Texas Supreme Court ruled unanimously late last week in favor of BP America Production Co. («BP») in a closely - watched
case involving two recurring issues: (1) the duty of royalty owners to bring actions in a timely fashion, and (2) the requisites of
adverse possession when unleased co-tenants mistakenly believe their mineral interests are under lease (more...)
(9) A tax deed or notice of vesting, when registered, vests in the person named in the deed or in the City, as the
case may be, any interest in or title to adjoining land acquired by
adverse possession before the registration of the tax deed or notice of vesting if the person originally acquiring the interest or title by
adverse possession did so as a consequence of
possession of the land described in the tax deed or notice of vesting.
It's easier I think to grasp why
adverse possession «works» based on this smaller
case... a right - of - way is a property right which can be established via common usage.
Many states, although I'm not sure if it is a minority or majority rule, expressly limit
adverse possession, at least, to
cases in which the person currently in
possession of the property has acted in good faith at all times, and at least some require that showing as to everyone in the chain of title relied upon to establish
adverse possession.
Federal Reserve Bank of Louisiana, Scott, LA 5/2012 to Present Cash Handler • Receive and take
possession of currency and coin deposits from armored carriers • Verify received currency and coins according to set procedures • Inform authorities of any discrepancies in numbers or materials of received currency and coins • Take customers» orders in forms of checking instruments and issue coins and bills • Pay out and transfer
possession of money to armored carriers to be shifted to different locations • Assist in controlling access to the facility through use of entry buttons and visuals • Fill up ATM machines or guard other cash handlers topping up teller machines • Track complex inventory systems to ensure that incoming and outgoing currency and coins count is accurate • Keep a look out for any
adverse situation and maintain decorum in
case of
adverse occurrences
In some
cases, there are issues that have to be addressed regarding
adverse possession, ingress and egress to the senior's property, foreclosure issues and the most prevalent issue of old liens and encumbrances against the subject property.