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Bennett Jones LLP

Lines in the Sand: A Case of Adverse Possession from Cottage Country

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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

Kaufman & Canoles

New Court of Appeals of Virginia Opinion Regarding Key Requirements To Prove, And Rebut, The Existence Of An Easement By...

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia addressed key requirements to prove, and rebut, the existence of an easement by prescription in Boxley v. Crouse, Record No. 0183-23-3. ...more

Snell & Wilmer

The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

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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

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

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