Sentences with phrase «adverse possession claims»

Another problem here is adverse possession claims.

Rhys Evans deals with a broad range of property disputes including boundary disputes, adverse possession claims, squatter evictions, easements, wayleaves and other third party rights, dilapidations claims, lease renewal litigation, possession claims and general landlord and tenant litigation.

Jennifer also works for a number of property developers providing advice in relation to their freehold land and disputes involving option agreements, boundary disputes, property related professional negligence, adverse possession claims and possession proceedings.

Adverse possession claims including successfully advising a multinational company to a strip of land forming part of a large commercial site but which was never included in the legal title and which significantly impacted on the development value of the 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.

He leads a team with a broad range of experience across the full scope of property disputes including adverse possession claims, squatter evictions, compulsory purchase, easements, wayleaves and other third party rights, dilapidations claims, lease renewal litigation, the operation of break clauses, possession claims and housing law litigation.

Edward has wide experience in litigation concerning trusts of land, proprietary estoppel, equitable accounting, conveyancing disputes, boundary disputes, adverse possession claims, litigation over easements and restrictive covenants, legal and equitable charges and mortgages, landlord and tenant disputes and possession actions.

The Court granted Attorney Johnson's Motion for Summary Judgment on his client's adverse possession claim.

Step 5: Win at trial in front of a judge that somehow didn't get the memo that the Washington Supreme Court in Chaplin eliminated the need for Selby's to even make their adverse possession claim «in good faith under a claim of right»... certainly because the attorney didn't bother to raise this point... along I suspect with hiring a surveyor to testify as an expert witness.

Not exact matches

For his part, Caragana claimed «adverse possession,» meaning that under the law he had acquired the right to use the full driveway because he'd been using it continuously and with no objection from his neighbour for more than 10 years.

I did this not because of any particular knowledge (or interest) in that area, but more because I got off on a rant about the growing number of people who thought they were going to be able to stroll into a foreclosed house and claim it as their own under «adverse possession:»

Ultimately, while it may be theoretically possible for a co-owner to make a claim to a co-owner's share through adverse possession, as a matter of practice, success will be very rare.

Since there is an exception in all title policies for things that are on the land that can be seen on inspection, do I have a legal obligation to advise the buyer that he might be buying with a claim of adverse possession since I saw the structure and know about the possibility of adverse possession?

So can a co-owner like Mr. Denesik dispossess a fellow co-owner like Mr. Verhulst for purposes of making out a claim for adverse possession?

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).

He has experience of advising and representing clients in claims concerning possession for rent / mortgage arrears and other contractual breaches, forfeiture, tenancy deposit schemes, disrepair, trespass, adverse possession, restrictive covenants, easements, boundaries, and s. 14 of the Trusts of Land and Appointment of Trustees Act 1996.

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.

up private litigation where it promotes the use of legal machinery to oppress: as, for example, to so discord in a family; [Footnote 20] to expose infirmities in land titles, as by hunting up claims of adverse possession; [Footnote 21] to harass large companies through a multiplicity of small claims; [Footnote 22] or to oppress debtors as by seeking out unsatisfied judgments.

John's actions spark a row and a claim for adverse possession is...

You don't have any ability to claim it your own by adverse possession or by any means except for outright purchase.

Consequently, the prescription period as well as common - law adverse possession rule can confer upon the «squatting» unit - owner a right to exclusive use of the disputed space that extinguishes a claim for an allocation of exclusive use under a condominium declaration.

The City of Nelson in British Columbia has won its appeal of a British Columbia Court of Appeal decision that found in favour of a couple who had claimed title to a parcel of land under continuous adverse possession.

Attorney Johnson's client used portions of adjacent real estate for over 20 years, giving his client the right to own the real estate used through a claim called «adverse possession».

Research and briefing associate on a successful appeal in the U.S. Court of Appeals for the Tenth Circuit that affirmed judgment in favor of corporate timberland owner in an action involving claims of trespass by the landowner and claims of adverse possession made against that owner.

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.

Obtained judgment after trial for a beachfront owner against claims of adverse possession and prescriptive easement.

Still, adverse possession is a very difficult claim to win as the law does not favor taking someone's land.

Within the property field his practice includes restrictive covenants, rights of way and other easements, adverse possession, claims involving rectification of the Land Register, co-ownership and trusts, mortgages, LPA Receivers, commercial tenancies including renewals, residential tenancies and leasehold enfranchisement, construction of covenants, dilapidations, forfeiture and relief.

Generally, the more intense the use and the more the claimant takes action to exclude the other party from using the disputed land, the better the claim for adverse possession.

Acted for a residential property owner in relation to an adverse possession and unlawful eviction claim against developers who had acquired an adjacent property at auction.

Recent highlights include acting for two individuals in separate claims relating to adverse possession; handling a lease renewal claim for a car dealership; acting for a private tenant in an enfranchisement claim regarding a property in Central London; and representing a national commercial landlord in bringing a dilapidations claim against a former tenant.

A claim for adverse possession can be established where the rent charge has not been paid for ten years.

Represented national title insurance underwriter in defense of claim involving allegations of adverse possession and an unrecorded agreement; Defeated coverage based on the «parties in possession» and «accurate survey» policy exceptions

He regularly undertakes possession claims, disputes relating to protected tenancies, boundary disputes, adverse possession litigation and claims relating to rights of way and other easements.

Adverse possession of tangible personal property is also possible, although it comes up less often in legal proceedings since it usually isn't worth litigating over and the record keeping to prove a claim usually isn't as good.

Adverse possession, then, is a way to let people know no one else can claim title to their land based on something so long ago no one remembers properly.

The landowner at some point erected a fence, and the abutter filed suit, claiming that a right - of - way had been established based on adverse possession.

She has a broad property practice and has advised and represented commercial and residential clients on — amongst other things — dilapidations, the construction of leases and licences, easements and covenants, express and implied trusts, boundary disputes, forfeiture, adverse possession and proprietary estoppel claims.

Kristine's particular expertise covers business tenancy renewals, dilapidations, property insolvency, possession claims, adverse possession, boundary determination, easements and leasehold enfranchisement.

As for your parcel under a structure I would think a survey would be required and then see the rules on adverse possession in your locale, because that is what someone might claim against your potential claim.

Last Update: 02/10/16 All across Florida, there has been an increase in the use of Florida's adverse possession laws to claim legal title to homes that have been left empty and abandoned in the ongoing Florida foreclosure fraud crisis.

When those charges were finally dropped in late 2017, DeCaprio and his colleagues interpreted it as a confirmation that adverse - possession claims might be a viable strategy for housing for at least some of the Bay Area's burgeoning homeless population.»

It protects you from additional title defects that were not readily seen by reviewing the recorded documents, such as claims for adverse possession or prescriptive easements; subsequent encroachments by neighbors; incorrect surveys; and silent liens, such as mechanics» or estate tax liens.