News & Analysis as of

Adverse Possession Appeals

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

Womble Bond Dickinson on

In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

DarrowEverett LLP

Adverse Possession in a Closely Held Company? ‘Stash’ This One Away

DarrowEverett LLP on

Imagine for a moment that you’re a shareholder in a closely held corporation. In most jurisdictions, that status as a shareholder obligates you to a heightened fiduciary duty to your fellow shareholders. Now imagine that your...more

Kaufman & Canoles

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

Kaufman & Canoles on

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

Snell & Wilmer

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

Snell & Wilmer on

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

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

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

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

Pullman & Comley, LLC

Appellate Court Notes

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

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide