Sentences with phrase «by adverse possession»

Acting in proceedings before the First Tier Tribunal (Property Chamber) on a disputed application for title by adverse possession to land forming part of a manor house in Wiltshire.

(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.

(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.

Of course, this comment is about the notorious part and is notwithstanding the fact that one can not obtain government - owned land by adverse possession, as stated by ohwilleke.

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

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).

Not exact matches

A victim can then get a Protection Order and e njoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent.

After she was contacted by CBS4, the woman consulted an attorney who told her the document of adverse possession was «a piece of trash.

I'm no expert on adverse possession by any stretch, but it usually occurs when someone builds a barn or something like that a few feet over the property line, and then uses that barn for 20 years.

By: Nickie Nikolaou PDF Version: Can a Co-owner Acquire Title to Their Co-owner's Share through Adverse Possession?

Therefore the new edition of Adverse Possession will be most welcome not only by barristers and solicitors but also judges and adjudicators seeking an up - to - date, structured and comprehensive reference guide..

Master Schlosser began his analysis by noting that adverse possession is an «important but rarely used way of acquiring title to land» (at para 9).

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.

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.

Adverse possession codified under s. 4 of the Limitations Act was established by evidence of three facts: (1) actual possession, (2) intention to exclude the true owner (i.e. on title) and (3) effective exclusion: Masidon Investments v. Ham, 1984 CarswellOnt 578 (C.A.), at para. 14.

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.

I would choose «trespassing» but it seems to me that adverse possession by definition follows from trespassing, rather than contrasts with.

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.

The lack of a compelling motivation is reinforced by lack of knowledge, adverse media reports on reverse mortgages, and fears of making a mistake involving their most important single possession — their house.

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.