Law School Toolbox Podcast Episode 310: Listen and Learn -- Adverse Possession
Bar Exam Toolbox Podcast Episode 144: Listen and Learn -- Adverse Possession
Once again, cottage season is upon us—and like the return of the season, the Ontario Superior Court of Justice (Court) has returned to the well-settled law of adverse possession, which continues to surface in modern property...more
State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits. Spoiler alert: To the chagrin of the landowners, waiting...more
Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more
Retail, commercial, and industrial property owners need to be diligent about policing their property boundary lines to avoid losing valuable property rights to an encroaching neighbor. ...more
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
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
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
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
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
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
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
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
The regular session of the 2013 Texas Legislature is over and now it’s time to assess the damage. ...more
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
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