Sentences with phrase «for adverse possession»

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.

Historically, there are two basic reasons for adverse possession.

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

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.

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.

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

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).

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?

The statutory period required for adverse possession is usually quite long — a decade or two needs to pass before adverse possession occurs.

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 yeaFor 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 yeafor more than 10 years.

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.

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.

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?

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.

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

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

Land Titles legislation has eliminated adverse possession for the freehold, so this is a vanishing problem.

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.

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.

• Successfully resolved several adverse possession and boundary disputes for local landowners.

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

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.

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

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.

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.

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.

Another name for squatters» rights is adverse possession.

• 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

[Source for English law:] Adverse Possession means someone occupying land belonging to someone else, without permission.

Where I live, the adverse possession period for land is usually eighteen years, but the adverse possession period for tangible personal property is three years.

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.

Adverse Possession, Second Edition Click here for more information and to purchase this title.

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

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.

Adverse possession is the acquisition of title to real property for a statutory period of time under certain conditions.

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.»