Sentences with phrase «of adverse possession»

However, the broad concept of adverse possession is much older than this.

If you can meet the requirements of adverse possession then you might be able to become a legal owner.

The summer saw us return to the topic of adverse possession.

Here, the appellate court determined that there was not sufficient notice of use to survive a summary judgment under the theory of adverse possession.

But, this speaks to the idea of adverse possession operating as a statute of limitations — one of its primary operational reasons.

The first edition of this publication was the first book devoted to the subject of 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.

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.

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

This case concerned an application for a declaration for title to three parcels of land through the doctrine of adverse possession (also known as «prescriptive title» or «squatter's rights» in other jurisdictions).

The inconsistent use requirement forms no part of B.C. law governing the proof of adverse possession.

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

Mowaqtt v BC Attorney general 2016 BCCA 113 dealt with a long established principle of adverse possession relating to squatters long time use of property that had escheated to the crown.

So, beyond testifying as to use — assuming there were facts to illustrate this — to make this a viable case of adverse possession, what «complimentary pleading» would have been appropriate?

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 Land Titles Act does not recognize any right of adverse possession as against the registered owner of property.

The higher court offers the rule: «[P] lanting of a row of trees, without some use that is open and hostile, does not satisfy the elements of adverse possession....

Ct. 1116 (2014)(successful defeated neighbor's claim of adverse possession after week long bench trial, affirmed on appeal).

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

I oppose the eviction on the basis of adverse possession, am able to argue my case to the court's satisfaction, and ultimately become the owner of the outbuilding and the land it's on.

Reports of the death of adverse possession have been greatly exaggerated Nearly 10 years on from the Land Registration Act 2002, adverse possession remains a lively topic of litigation at all levels, according to Stephen Jourdan QC and Oliver Radley - Gardner authors of the newly updated Adverse...

The standard for «hostile» use as a condition of adverse possession in California can be applied differently depending on the court handling the case.

I have only had to use a quiet title action in a couple of adverse possession cases where it was truly warranted.

Over 800 properties in that county had filings down in the county real property records of adverse possession notices, so the time clock could start running under Florida Statute 95.16.

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

Citing case law and scholarly commentary on the doctrine of adverse possession, he concluded that «mere use or occupation is not enough» (at para 15) and that «physical possession alone may not be enough» (at para 18).

«The [British Columbia] Court of Appeal correctly held that the inconsistent use requirement forms no part of British Columbia law governing the proof of adverse possession,» wrote Justice Russell Brown, with Chief Justice Beverley McLachlin and Justices Michael Moldaver, Andromache Karakatsanis, Richard Wagner, Clément Gascon and Suzanne Côté concurring.

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

• Land registration reform: at the CLA my input was sought on the reform of the law of adverse possession and on the compulsory registration of various 3rd party rights (express easements, chancel repairs).

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?

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.

As a result, though since Chaplin v. Sanders adverse possession disallows an inquiry as to the claimant of adverse possession's «subjective intent» — i.e. did the claimant of adverse possession mean to possess or not — this case would have allowed an inquiry as to the Grantor's Intent of Aline!

After the period of time required in my state for a claim of adverse possession, the title - holder wants to raze the outbuilding and calls the sheriff to have me evicted.