News & Analysis as of

Adverse Possession

International Lawyers Network

Buying and Selling Real Estate in Michigan (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MICHIGAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties. The...more

Snell & Wilmer

Woodbridge II and the Nuanced Meaning of “Adverse Use” in Hostile Property Rights Cases in Colorado

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Earlier this year, the Colorado Court of Appeals issued an opinion addressing at length “whether the requirement that the use be ‘adverse’ in the adverse possession context is coextensive with adverse use in the prescriptive...more

McGlinchey Stafford

Is my interest in a deed subject to the Stranger Rule?

McGlinchey Stafford on

The Bullet Point: An Ohio Commercial Law Bulletin Is my interest in a deed subject to the Stranger Rule? October 15, 2020 Compulsory Counterclaims to foreclosure Helfinstine v. Wells Fargo Bank, NA, 9th Dist. Summit...more

Sullivan & Worcester

“Moralistic Preening” and Broken Commitments Under the Washington Principles—Ninth Circuit Chastises Spain for Keeping Nazi-looted...

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The U.S. Court of Appeals for the Ninth Circuit yesterday affirmed the 2019 judgment that allowed the Thyssen-Bornemisza Collection Museum in Madrid to retain Camille Pissarro’s Rue St. Honoré, après-midi, effet de pluie (Rue...more

Pierce Atwood LLP

Breaking: Mass. High Court Rules Municipality’s Acquisition of Prescriptive Easement Isn’t a Taking

Pierce Atwood LLP on

In a rescript opinion issued yesterday in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property is not an eminent domain...more

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Navigating Philadelphia’s New Fast-Track Ejectment Actions

How Philadelphia’s new ordinance for dealing with ‘criminal and defiant trespassers’ offers recourse for investors and property owners - For years, Philadelphia-focused investors have been frustrated, and sometimes...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

Gray Reed on

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

Goulston & Storrs PC

Litigation Summary: Adverse Possession Claims

Goulston & Storrs PC on

In two recent cases, the same 3-judge panel of the Massachusetts Appeals Court provided the latest words on the law of adverse possession. The first case, Miller, et al. v. Abramson, et al., involved the classic adverse...more

Farrell Fritz, P.C.

Appellate Court Upholds Adverse Possession Claim of Lake Bottom

Farrell Fritz, P.C. on

In July, the Appellate Division, Third Department issued a decision that dealt with lake bottoms and adverse possession. In LS Marina, LLC v ACME of Saranac, LLC, the appellate court found in favor of the marina operator and...more

Pullman & Comley, LLC

A Superior Court Judge Applies Soto v. Bushmaster Firearms International, LLC, 331 Conn. 53, 202 A.3d 262 (2019), to Conclude that...

Pullman & Comley, LLC on

A Judge of the Connecticut Superior Court has concluded that, under the doctrine of Soto v. Bushmaster Firearms International, LLC, 331 Conn. 53, 88-100, 202 A.3d 262 (2019), the absence of a commercial relationship between...more

Dentons

“No good deed goes unpunished” - Case comment – Re Koziey Estate, 2019 ABCA 43

Dentons on

In the recent decision Re Koziey Estate (2019 ABCA 43) the Alberta Court of Appeal confirmed that adverse possession is still alive and well in Alberta. This could have ramifications for property owners that allow neighbours...more

Tucker Arensberg, P.C.

Can You Kill an Easement in a Vegetative State?

Tucker Arensberg, P.C. on

That was at least partially the question that a recent Lycoming County Court of Common Pleas decision answered in the matter of Swift v. Heltman, et al. In that case, the Plaintiff attempted to claim by adverse possession,...more

Sullivan & Worcester

Thyssen-Bornemisza Prevails Over Cassirer Heirs' Claim to Pissarro Taken by Nazis Despite Acts “Inconsistent with the Washington...

Sullivan & Worcester on

One of the longest-running court cases in the United States about art looted by the Nazis has been decided in favor of the current possessor, the Thyssen-Bornemisza Museum in Madrid, an instrumentality of the Kingdom of...more

International Lawyers Network

Buying and Selling Real Estate in Michigan

QUICK TIPS FOR CONVEYANCE OF REAL PROPERTY IN MICHIGAN - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties. The...more

Patton Sullivan Brodehl LLP

A Lump Sum Payment of Delinquent Taxes Isn’t Enough for Adverse Possession

As detailed in prior posts, to establish a claim for adverse possession, a plaintiff must prove the following elements: For adverse possession of an easement, the plaintiff must pay the taxes as long as the easement has been...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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending August 10 & 17, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Loan Modification: foreclosing plaintiff was required to allege and prove default of loan modification agreement after trial court found the loan modification to be the operative...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

Tucker Arensberg, P.C.

Important Legislation passed in Pennsylvania.

Tucker Arensberg, P.C. on

Repeal of Sunset of Twenty Year Statute of Limitations for Instruments under Seal - Currently instruments “under seal” enjoy a 20 year statute of limitation for enforcement versus the existing 4 year statute of limitation...more

Wendel Rosen LLP

Adverse Possession and Prescriptive Easements Are Not The Same

Wendel Rosen LLP on

In our prior post — Equitable Easements and “Innocence” — we covered a portion of the California Fifth District Court of Appeal’s opinion in Hansen v. Sandridge Partners, L.P. ...more

Whitman Legal Solutions, LLC

A Stolen Strad and Squatter’s Rights

What is Adverse Possession? Adverse possession is an ancient legal concept, going back at least to ancient Roman law, but the US concept of adverse possession comes from English common law. The concept of adverse...more

Wendel Rosen LLP

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

Wendel Rosen LLP on

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

Carlton Fields

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

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

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