News & Analysis as of

Adverse Possession

A Prescriptive Easement Can Expand the Scope of an Existing Granted Easement

There are several ways to acquire an access easement over the property of another. The simplest method is by an express written grant from the owner of the burdened property (on which the easement exists) to the owner of...more

Real Property & Title Insurance Update: Week Ending May 19 & 26, 2017

by Carlton Fields on

Real Property Update - Foreclosure/Standing/Lost Note: if plaintiff did not have right to enforce note when lost, plaintiff should present evidence of assignment from payee to plaintiff or affidavit of ownership - ...more

Adverse Possession of an Easement: Mistakes, Gates, and Fences

Just as fee title to real property can be lost by adverse possession, the same is true with easements. In a recent opinion from California’s Sixth District Court of Appeal — Vieira Enterprises, Inc. v. McCoy — the court...more

Beware CC&Rs — They Can Bite

In teaching Real Estate Transactions and Litigation to advanced Law and Business students at U.C. Berkeley’s School of Law, I find that one of the most difficult concepts to explain is the impact of property use restrictions...more

Statute of Limitations for Actions to Remove Encroachments from Easements Returned to 20 Years

by Smith Anderson on

In 2007, the North Carolina Court of Appeals held in Pottle v. Link, 187 N.C. App. 746, 654 S.E.2d 64 (2007), that actions to remove encroachments from an easement must be brought within six years of the encroachment being...more

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

The Shale Play Today - Second Quarter 2016

In This Issue: A National Energy Plan: Should We Have One? Do We Have One? If So, Is It Working? Before ultimately answering the questions posed in the title above on a National Energy Plan, in full disclosure it...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19493 - Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act - SC19493 Dissent - Standard Oil of Connecticut, Inc. v. Administrator,...more

Purple Line Continues to Move Forward

by Miles & Stockbridge P.C. on

The Maryland Court of Appeals issued an opinion on January 22, 2016 holding in favor of Montgomery County, Maryland that the future Purple Line (the proposed light rail between Bethesda and New Carrollton that includes a stop...more

Pennsylvania Superior Court Affirms Striking of 24-Year-Old Default Judgment, and Holds That Leasing Is Not Enough to Claim...

by McGuireWoods LLP on

The development of the Marcellus Shale in Pennsylvania has led to a number of disputes about historical judgments that purportedly divested reserved oil and gas rights from their owners. During the 20th century, surface...more

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

by 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

"Good" Bad Faith vs "Bad" Bad Faith: Equitable Principles and the Doctrines of Adverse Possession and Prescription

by Miller Starr Regalia on

Adverse possession is the acquisition of title to another’s real property by continuous possession and use of the property for the prescribed period of five years. A party seeking title to real property by adverse possession...more

Oil And Gas Bills Passed By Texas Legislature

by Gray Reed & McGraw on

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

No Dock At Access Easement

by Varnum LLP on

Last fall I discussed a decision of the Michigan Court of Appeals in Krantz v Terrill, in "Dock Permitted at Access Easement – No Good Deed Goes Unpunished." ...more

Laches Does Not Preclude A Prescriptive Easement Claim

by 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

Oil and Gas Law Shorts

by Johnny D. Hall, Esq. on

Texas Oil and gas case law summaries: Joint Operating Agreement/Exculpatory Clause/"all such operations" vs. "its activities"; Inverse Condemnation/Ordinance Restricting Drilling....more

California Equitable Easements. When they apply, and the three step test for establishing one.

by James J. Falcone on

California courts have generally provided for equitable easements when the requirements for a prescriptive easement or adverse possession were not present. This article discusses a recent decision the court granted an...more

California Prescriptive Easements and Adverse Possession -How They Are Created, & When You Cannot Get An Exclusive Easement

by James J. Falcone on

California prescriptive easement adverse possession and law has evolved evolution in California since its rural beginnings. Once applied primarily to acreage, farm and forest, it is now commonly addressed in urban areas. ...more

Adverse Possession Memorandum - Real Estate

by Hoan Doan on

This document is a Memo I drafted for an assignment for Real Estate Law in references to my Associates/Paralegal...more

adverse possession

Motion in limine - adverse possession

by Brian Murphy on

This document was adapted to exclude testimony of an owner whose deed purported to cover an area of land that had been adversely possessed prior to the owner's purchase. It is likely that a lawyer seeking to move the court...more

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

by 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

Washington Adverse Possession Law Changed to Provide for Attorneys’ Fees and Payment

by Lane Powell PC on

Parties to a lawsuit over adverse possession of real property will have some new provisions to take into account as a result of a new law passed by the Washington State Legislature and signed by the governor. Engrossed...more

Adverse Possession in Texas

by David Willis on

The law of adverse possession in Texas as a means of acquiring title to real property...more

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