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Land Titles Action to Quiet Title

Kaufman & Canoles

Court of Appeals of Virginia Holds Possession Under Mistaken Belief Can Establish the Requisite Hostile Possession for a Claim of...

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more

Saul Ewing Arnstein & Lehr LLP

New Jersey Homeowners Now Using Quiet Title Actions to Affirmatively Challenge a Party’s Standing to Foreclose

On November 4, 2013, the New Jersey Appellate Division in Suser v. Wachovia Mortgage, FSB, et al. affirmed a homeowner’s right to file a prospective quiet title action to affirmatively challenge a bank’s standing to foreclose...more

Snell & Wilmer

The Clock Doesn’t Tick-Tock for Owners in Possession

Snell & Wilmer on

The Arizona Court of Appeals recent decision in Cook v. Town of Pinetop-Lakeside, 661 Ariz. Adv. Rep. 31 (App, May 28, 2013) reiterated its forty-three year old holding in City of Tucson v. Morgan, 13 Ariz. App. 193, 195, 475...more

Miller Starr Regalia

Courts Are Without Power To Terminate Express Easements Based Upon Finding Them “Unnecessary”— Cottonwood Reins In Scruby

Miller Starr Regalia on

In November 2012, the Third District Court of Appeal decided that a trial court does not have the power to extinguish an expressly granted easement merely because in that judge’s opinion the dominant tenement does not really...more

Dickinson Wright

Michigan Supreme Court Clarifies Application of the Land Division Act to Actions Seeking to Establish Substantive Property Rights

Dickinson Wright on

The Michigan Supreme Court recently clarified the interplay between Michigan’s Land Division Act (“LDA”), MCL 560.101 et seq., and actions seeking to establish substantive property rights. In Beach v Lima Township, ___ Mich...more

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