Not exact matches
Real Property / Civil Procedure:
Adverse Possession; Inconsistent Use Doctrine; Evidentiary Gaps; Role of
Trial Judges v. C.A.; Costs Nelson (City) v. Mowatt, 2017 SCC 8 (36999)
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.
Obtained judgment after
trial for a beachfront owner against claims of
adverse possession and prescriptive easement.
Legal issues raised at
trial included judicial estoppel, laches, the statute of frauds, the statute of wills, the canons of ethics, the disciplinary rules,
adverse possession, constructive trust, fiduciary duty and the attorney - client privilege.
The
trial lawyer must establish the historical use of the disputed area over the 20 year
adverse possession period and often many more years.
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.
The plaintiffs were awarded
adverse possession at
trial.