News & Analysis as of

Land Titles Adverse Possession

Kaufman & Canoles

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

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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

Snell & Wilmer

The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

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Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only requires the claimant to “show a nonpermissive or...more

Pierce Atwood LLP

This Land (Was) Your Land: Mass. Appeals Court Updates Law on Adverse Possession and Prescriptive Easements

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In the second half of this year the Massachusetts Appeals Court decided three cases in which a party claimed adverse possession or prescriptive rights in real estate. In each case the focus was on one particular element of...more

Obermayer Rebmann Maxwell & Hippel LLP

Whose Land is it Anyway? Pennsylvania Supreme Court rules that Municipalities are Now Subject to Claims for Adverse Possession

In cities and towns across Pennsylvania, it is familiar story - a Good Samaritan homeowner, fed up with overgrown weeds and accumulation of old tires and televisions, decides to clean up a neighboring lot which belongs to an...more

Gray Reed

Limitations Title Not Precluded by Late Acknowledgment

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Scribner v. Wineinger, et al. affirms that acquisition of a Texas oil and gas leasehold by limitations is not defeated if the adverse possessor’s acknowledgement of a claimant’s title comes too late....more

Snell & Wilmer

Ten Years After Colorado’s Adverse Possession Amendment: a brief look backwards and forwards

Snell & Wilmer on

In response to national outrage over an infamous adverse possession case in Boulder, Colorado, in which a lawyer and a judge intentionally took their neighbors’ undeveloped land through adverse possession, the Colorado...more

Fox Rothschild LLP

House Bill 352

Fox Rothschild LLP on

House Bill No. 352 passed the General Assembly and has now been signed by the Governor. It provides that an individual can obtain title to a property by adverse possession in 10 years instead of the 21 years required by prior...more

Spilman Thomas & Battle, PLLC

What’s Mine, Is Yours - Adverse Possession Against the Co-Owner in West Virginia

The question of whose land and/or minerals is whose in West Virginia is as old as the Appalachian Mountains. When it comes to natural gas titles and possession, one must take heed. Adverse possession is a doctrine under...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending September 11, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more

Gray Reed

Oil And Gas Bills Passed By Texas Legislature

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The regular session of the 2013 Texas Legislature is over and now it’s time to assess the damage. ...more

Miller Starr Regalia

Laches Does Not Preclude A Prescriptive Easement Claim

Miller Starr Regalia on

Every so often, that ancient and seemingly out-dated distinction between legal and equitable claims (and defenses) derived in the English Chancery Courts hundreds of years ago rears its head and reminds all attorneys that...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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