Sentences with phrase «adverse possession in»

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.

These commentaries give us some insight into what American lawyers thought about adverse possession in the 19ᵗʰ century.

Matter of Estate of Nohle, 2017 ND 100, 893 N.W. 2d 755 — on brief and argued — estate distribution Matter of Estate of M.D., 2017 MT 22, 388 P. 3d 954 — on brief — guardian In re Guardianship of R.G., 2016 ND 96, 879 N.W. 2d 416 — on brief and argued — guardian / conservator Cheetah Properties 1, LLC v. Panther Pressure Testers, Inc., 2016 ND 102, 879 N.W. 2d 423 — on brief and argued — damages and attorneys» fees in eviction actions Moodys v. Sundley, 2015 ND 204, 868 N.W. 2d 491 — on brief and argued — adverse possession In re Estate of Cashmore, 2013 ND 150, 836 N.W. 2d 427 — on brief — estate litigation

Not exact matches

Now, let me tell you what adverse possession isn't: it isn't when someone else's house goes into foreclosure and is sitting vacant, and you somehow get into the house, put your couch in the living room and declare it to be yours under adverse possession.

At least one of these people thought she had bought the house from someone when she gave the «seller» a used pickup truck in exchange for a house and a «document of adverse possession» that declared her to be the owner of the house.

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:»

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?

He has in - depth experience in mortgages, commercial and residential transactions, landlord and tenant law, adverse possession, easement law, real estate contracts, real estate financing, construction law, and oil and gas law.

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).

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.

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.

The Chief Justice also adopts Justice Cromwell's positioning of the standard of occupation, from the common law perspective, as lying between the minimal occupation which would permit a person to sue a wrongdoer in trespass and the most onerous standard required to ground title by adverse possession as against a true owner (para 40).

Jamie has a particular interest in overage, rights of light, rights of way, adverse possession and enfranchisement.

In Colorado the adverse possession period for personal property is three years.

Answer: If you can manage to stay in the house for three years, you may be able to secure title to the house under Texas» law of adverse possession.

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.

• 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

Despite any provision of this Act, the Real Property Limitations Act or any other Act, no title to and no right or interest in land registered under this Act that is adverse to or in derogation of the title of the registered owner shall be acquired hereafter or be deemed to have been acquired heretofore by any length of possession or by prescription.

One problem area, hitherto unknown in the legal community, is the effect of adverse possession on exclusive use common elements.

Legally (in common - law countries like the UK and US), this is generally handled through adverse possession.

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.

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 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 blogIn 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 blogin 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 blogin an adverse possession case if the possessor is in possession only of part of the land (read our blogin possession only of part of the land (read our blog).

Back in January and February, we saw the Court concern itself with principles of adverse possession and town and village greens.

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.

Our trial lawyers have experience in handling a range of real estate disputes, including mechanic's liens, boundary disputes, adverse possession, wrongful lien, partition, eminent domain, zoning, land use planning, foreclosure and water rights.

Additionally, our real estate litigation services have included representation of developers, owners and managers of commercial real estate in state and federal court, including tenant disputes, easement and restrictive covenant enforcement, deed restrictions enforcement, condemnation, adverse possession, construction litigation, lien enforcement and creditor bankruptcy representation.

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 musiIn 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 musiin 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 musiin New York holding that the first sale doctrine does not apply to the resale of digital music.

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.

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.

Adverse possession cases in Massachusetts are factual intensive and require a substantial amount of historical research and preparation prior to trial.

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.

(1) The line must be certain, well defined, and in some fashion physically designated upon the ground, e.g., by monuments, roadways, fence lines, etc.; (2) in the absence of an express agreement establishing the designated line as the boundary line, the adjoining landowners, or their predecessors in interest, must have in good faith manifested, by their acts, occupancy, and improvements with respect to their respective properties, a mutual recognition and acceptance of the designated line as the true boundary line; and (3) the requisite mutual recognition an acquiescence in the line must have continued for that period of time required to secure property by adverse possession.

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.

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;

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.

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...)

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

(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.

Sean also counsels and represents clients in real property litigation, including landlord - tenant disputes, evictions, foreclosures, and adverse possession actions.

• Developed and maintained program for responding to daily incoming Massachusetts Appellate Tax Board town and city petitions • Drafted, reviewed, and edited briefs and legal memoranda in a variety of areas including adverse possession, destruction of employee personal records, domiciles, and personal property taxation • Performed legal research and wrote memoranda on incorporation, mergers and acquisitions and other corporate legal issues • Organized and maintained corporation filing documents and corporate minute books to maintain compliance with state law • Assisted in production and document review of Supreme Judicial Court appellate documents

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.

Ballatine explains that, as mentioned in other answers, adverse possession is a species of limitation period.

I understand that, in the United States, adverse possession is a legal (but very rare) way to take ownership of someone else's real property against their will.

@Andy, adverse possession requires a long timeframe in most every jurisdiction, though it varies.

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.

I know that certain conditions have to be met in terms of what constitutes possession, what makes it adverse and so on.

Claire has over 10 years» experience in residential conveyancing, recently dealing with high - end property transactions with complex title issues, such as sales / purchases of freehold and leasehold property, assents, sales / purchases of parts of large titles, deeds of easements, flying freeholds, adverse possession and issues relating to defective titles.

We offer expertise in conveyancing, easements, restrictive covenants, positive covenants, registration of title to land, proprietary estoppel, settlements and trusts of land (including implied, resulting and constructive trusts and applications under the Trusts of Land and Appointment of Trustees Act 1996), access to neighbouring land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transactions.