Sentences with phrase «of adverse possession on»

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

Is the operation of adverse possession on an allocation of exclusive use of a common element under the Condominium Act a derogation of «title of the registered owner»?

Not exact matches

See my 20 - year - old memory of adverse possession law; see also this cite on Wikipedia.

I did this not because of any particular knowledge (or interest) in that area, but more because I got off on a rant about the growing number of people who thought they were going to be able to stroll into a foreclosed house and claim it as their own under «adverse possession:»

Lawyers reading this probably recall the topic of «adverse possession» from their law school course on Real Property.

Nearly 10 years on from the Land Registration Act 2002, adverse possession remains a lively topic of litigation at all levels

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?

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).

Matter of Estate of Nohle, 2017 ND 100, 893 N.W. 2d 755 — on brief and argued — estate distribution Matter of Estate of M.D., 2017 MT 22, 388 P. 3d 954 — on brief — guardian In re Guardianship of R.G., 2016 ND 96, 879 N.W. 2d 416 — on brief and argued — guardian / conservator Cheetah Properties 1, LLC v. Panther Pressure Testers, Inc., 2016 ND 102, 879 N.W. 2d 423 — on brief and argued — damages and attorneys» fees in eviction actions Moodys v. Sundley, 2015 ND 204, 868 N.W. 2d 491 — on brief and argued — adverse possession In re Estate of Cashmore, 2013 ND 150, 836 N.W. 2d 427 — on brief — estate litigation

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 Possession, Second Eadverse 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 Possession, Seconpossession remains a lively topic of litigation at all levels, according to Stephen Jourdan QC and Oliver Radley - Gardner authors of the newly updated Adverse Possession, Second EAdverse Possession, SeconPossession, Second Edition.

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.

Adverse possession is essentially a statute of limitations on land title; it limits how long you can look back to see if a title is valid.

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.

Adverse possession claims including successfully advising a multinational company to a strip of land forming part of a large commercial site but which was never included in the legal title and which significantly impacted on the development value of the land;

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

He also advises on partnership agreements, rights of way, boundary issues, adverse possession matters and sports or recreational sales and agreements and renewables projects.

• 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).

• 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

It's easier I think to grasp why adverse possession «works» based on this smaller case... a right - of - way is a property right which can be established via common usage.

The landowner at some point erected a fence, and the abutter filed suit, claiming that a right - of - way had been established based on adverse possession.

I know that certain conditions have to be met in terms of what constitutes possession, what makes it adverse and so on.

She has a broad property practice and has advised and represented commercial and residential clients on — amongst other things — dilapidations, the construction of leases and licences, easements and covenants, express and implied trusts, boundary disputes, forfeiture, adverse possession and proprietary estoppel claims.

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.

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.

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 Advadverse 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 Advadverse possession remains a lively topic of litigation at all levels, according to Stephen Jourdan QC and Oliver Radley - Gardner authors of the newly updated AdverseAdverse...

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.