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adverse possession of land
6.594 documents for adverse possession of land
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Trial courts finding that property owner had established rights to a narrow strip of land by adverse possession as against his neighbor was not against the manifest weight of the evidence. Judgment Affirmed.
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Jury verdict for adverse possession supported by the evidence; waiver of issues regarding inconsistent jury verdict interrogatories; adverse possession statute of limitations bars action by the titled land owner to prevent loss of title by adverse possession.
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BOULDER, Colo. -- A couple targeted by protesters after a judge awarded them part of their neighbors' land in an adverse-possession case explained themselves in a letter to friends. Richard McLean and Edith Stevens have told reporters they would not comment publicly about the case because their neighbors Don and Susie Kirlin have said they plan to appeal the judge's decision.
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Reversing trial court's grant of ownership by adverse possession because defendant-appellee's use of disputed strip of land, consisting of mowing grass, maintaining grape arbor, and cultivating small portion of garden was not clearly and convincingly actual, notorious, or adverse; defendant-appellee's did not possess land exclusive of true owner; plaintiff-appellant's survey was accompanied by an intent to possess or exercise dominion over the disputed land so as to disrupt the twenty-one year period for adverse possession; judgment reversed and cause remanded.
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When considered as part of a system that contains other, superior mechanisms for addressing problems such as innocent improvements and old title defects,7 adverse possession can best be understood as a doctrine of efficient trespass.8 It should work in concert with legal remedies that apply before the statute of limitations runs to test the relative valuations of record owners and encroachers and to winnow out those situations in which consensual market transactions cannot accomplish transfers of land to much higher-valuing users. Likewise, modern scholars register amazement that courts would ever require bad faith,12 and overwhelmingly argue that good faith claimants should be favored by the law.13 At one level, then, the argument presented here offers a belated justification for a no...
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Marc Elkins, 36, of Washougal looks over a parcel of land on the Washougal River owned by his grandmother, Lona Keist. His family is embroiled in a 20-year land dispute relating to the legal concept known as adverse possession. Elkins serves as caretaker of the property because his grandmother lives in Shelton now. --
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... the public land laws, nor in the legal possession of any adverse applicant; the kind, character, and...
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Chris Norton stands near the corner of her 20-acre property in rural Clark County, pointing out the fence that lies 15 feet inside what a survey shows is her land. Owners of the fence and the adjacent property claim title to the strip of pasture under a legal principle called adverse possession. The dispute has created a cloud on her title, making it impossible for her to subdivide her land. Chris Norton has spent $5,000 on attorney fees trying to resolve boundary disputes with her neighbors. She now pins her hopes on legislation, introduced by Rep. Ed Orcutt, that would repeal Washingtons adverse possession law.
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summary judgment adverse possession exclusive use doctrine of acquiescence notice
... person’s entry upon the land coupled with an assertion of his right to possession or...
