James Windsor

Kaufman & Canoles

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Latest Posts › Adverse Possession

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

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

7/18/2024 / Action to Quiet Title , Adverse Possession , Breach of Contract , Commercial Property Owners , Land Titles , Property Owners , Trespass , Waste

New Court of Appeals of Virginia Opinion Regarding Key Requirements To Prove, And Rebut, The Existence Of An Easement By...

Yesterday, the Court of Appeals of Virginia addressed key requirements to prove, and rebut, the existence of an easement by prescription in Boxley v. Crouse, Record No. 0183-23-3. ...more

1/3/2024 / Adverse Possession , Circumstantial Evidence , Easements , Land Owners , Prescriptive Easements , Property Owners , Rebuttable Presumptions

Recent Virginia Court of Appeals Opinion Holds Statutes of Limitations Do Not Apply Where Only Equitable Relief is Sought

Last week, the Court of Appeals of Virginia issued an important opinion involving trespass and statutes of limitations. In Willems v. Batcheller, Record No. 0754-22-4, 2023 Va. App. LEXIS 524 (Ct. App. Va. Aug. 8, 2023), the...more

8/17/2023 / Adverse Possession , Affirmative Defenses , Appeals , Encroachments , Equitable Relief , Laches , Nuisance , Statute of Limitations , Trespass

Recent Court of Appeals of Virginia Opinion Regarding Meaning of Exclusivity Required for Claims of Adverse Possession

Last week, the Court of Appeals of Virginia rendered a significant opinion regarding the meaning of exclusivity required for claims of adverse possession. In Veldhuis v. Abboushi, Record No. 0776-22-4 (Ct. App. Va. May 9,...more

5/19/2023 / Adverse Possession , Exclusivity , Fee Simple , Property Owners

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