Sentences with phrase «most adverse possession»

Stokes v. Kummer is a case which reveals a divide different than most adverse possession cases.

Not exact matches

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..

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).

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

Of course, the most obvious distinction is that theft is a legal wrong which can be prosecuted if committed as a crime, while adverse possession is a curative doctrine used to determine who owns the property at a given time rather than to punished or affirmative sue someone.

This type of deed is most often used among family members in cases where there is uncertainty regarding heirs and in divorce and adverse possession cases.

In some cases, there are issues that have to be addressed regarding adverse possession, ingress and egress to the senior's property, foreclosure issues and the most prevalent issue of old liens and encumbrances against the subject property.

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.