News & Analysis as of

Adverse Possession Statute of Limitations

Oliva Gibbs

A river ran through it: State v. Riemer and what happens to the mineral rights when the water runs dry

Oliva Gibbs on

Lake Meredith is a reservoir located about 30 miles northeast of Amarillo in the Texas Panhandle. It was formed when the State of Texas built the Sanford Dam on the Canadian River in 1965. When the dam was completed the...more

Gray Reed

Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed

Gray Reed on

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

Kaufman & Canoles

Title Insurance Client Alert - Important Court of Appeals of Virginia Opinion Concerning the Ownership and Use of Certain...

Kaufman & Canoles on

Last week, the Court of Appeals of Virginia issued a significant 24-page opinion in David Tidwell, et al. v. Kenneth. M Goldsmith, et al., Record No. 0629-24-1 and Record No. 0666-24-1, in consolidated cases concerning the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Riparian Encroachment: New Jersey Appellate Court Addresses Adverse Possession Claim

Co-Author Jesse Long The Superior Court of New Jersey, Appellate Division (“Court”) addressed in an October 4th opinion an issue arising out of an adverse possession action. See Cozy Cove Marina, Inc. vs. Nelson Properties...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

Law School Toolbox

Law School Toolbox Podcast Episode 310: Listen and Learn -- Adverse Possession

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today we're talking about adverse possession, which is a commonly-tested issue in Real Property questions on law school exams.  In this episode we discuss: >The elements of...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 144: Listen and Learn -- Adverse Possession

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today we're talking about adverse possession, which is a commonly-tested issue in Real Property questions on the bar exam.  In this episode, we discuss: >The elements of adverse...more

BCLP

Whoomp! (Where’d It Go?): Disappearing Assets in Bankruptcy

BCLP on

In a recent post, I discussed three situations in which a debtor in bankruptcy might find itself dispossessed of assets that appeared to be property of the bankruptcy estate. This article expands on that general idea and...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

Smith Anderson

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

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

Spilman Thomas & Battle, PLLC

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

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