The Land Titles Act does not recognize
any right of adverse possession as against the registered owner of property.
Not exact matches
Numerous Land Court, State and Federal Court actions involving leases, zoning, building at risk, trespass,
rights of first refusal, easements,
adverse possession, property lines, and title and environmental / conservation matters
Jamie has a particular interest in overage,
rights of light,
rights of way,
adverse possession and enfranchisement.
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.
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.
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».
He leads a team with a broad range
of experience across the full scope
of property disputes including
adverse possession claims, squatter evictions, compulsory purchase, easements, wayleaves and other third party
rights, dilapidations claims, lease renewal litigation, the operation
of break clauses,
possession claims and housing law litigation.
Our trial lawyers have experience in handling a range
of real estate disputes, including mechanic's liens, boundary disputes,
adverse possession, wrongful lien, partition, eminent domain, zoning, land use planning, foreclosure and water
rights.
Recent cases have involved issues such as breach
of contract;
adverse possession; riparian
rights; access; and disputed agricultural tenancies.
Foreign judgments — enforcement and defences; Contract disputes; Passing - off; Rectification applications; Real estate issues including
rights of first refusal, options, easements,
adverse possession.
Within the property field his practice includes restrictive covenants,
rights of way and other easements,
adverse possession, claims involving rectification
of the Land Register, co-ownership and trusts, mortgages, LPA Receivers, commercial tenancies including renewals, residential tenancies and leasehold enfranchisement, construction
of covenants, dilapidations, forfeiture and relief.
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.
Rhys Evans deals with a broad range
of property disputes including boundary disputes,
adverse possession claims, squatter evictions, easements, wayleaves and other third party
rights, dilapidations claims, lease renewal litigation,
possession claims and general landlord and tenant litigation.
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).
He regularly undertakes
possession claims, disputes relating to protected tenancies, boundary disputes,
adverse possession litigation and claims relating to
rights of way and other easements.
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.
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.