Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (6)
- West Virginia University (5)
- University of Maryland Francis King Carey School of Law (4)
- Vanderbilt University Law School (4)
- University of Kentucky (3)
-
- Washington and Lee University School of Law (2)
- Cleveland State University (1)
- Golden Gate University School of Law (1)
- Mitchell Hamline School of Law (1)
- Osgoode Hall Law School of York University (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Maine School of Law (1)
- University of Massachusetts School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Richmond (1)
- University of San Diego (1)
- Publication Year
- Publication
-
- West Virginia Law Review (5)
- Maryland Law Review (4)
- Michigan Law Review (4)
- Kentucky Law Journal (3)
- Vanderbilt Law Review (3)
-
- University of Michigan Journal of Law Reform (2)
- Washington and Lee Law Review (2)
- Akron Law Review (1)
- Cal Law Trends and Developments (1)
- Cleveland State Law Review (1)
- Maine Law Review (1)
- Mitchell Hamline Law Review (1)
- Nevada Law Journal (1)
- Osgoode Hall Law Journal (1)
- San Diego International Law Journal (1)
- Touro Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Massachusetts Law Review (1)
- University of Richmond Law Review (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
Articles 1 - 30 of 36
Full-Text Articles in Law
Weeks V. Krysa: Cultivating The Garden Of Adverse Possession, Marya R. Baron
Weeks V. Krysa: Cultivating The Garden Of Adverse Possession, Marya R. Baron
Maine Law Review
In Weeks v. Krysa, the Maine Supreme Judicial Court, sitting as the Law Court, found that cultivating a garden on a disputed parcel was an “occasional encroachment[],” insufficient to show intent to “displace the owner of the disputed lot or put the owner on notice” of being at risk of adverse possession. Under the traditional common law of adverse possession, cultivation of a garden is one of the hallmarks of an open and notorious use that would put a record owner on notice. However, after Weeks v. Krysa, a question remains as to whether cultivation of a garden will be …
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
Mitchell Hamline Law Review
No abstract provided.
Liberty At The Borders Of Private Law, Donald J. Smythe
Liberty At The Borders Of Private Law, Donald J. Smythe
Akron Law Review
Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State’s powers of coercion might be abused. There is, not surprisingly, therefore, a wide range of literature on the relationship between law and liberty, but most of it focuses on the relationship between public law and liberty. This Article focuses on the relationship between private law and liberty. Private laws are enforced by courts. Since the judiciary …
Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy
Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy
University of Massachusetts Law Review
In the later part of 2012, news and media outlets gave widespread attention to the fact that people were living rent-free in homes across the United States while the property owners were left with the burden of evicting the unwanted company in order to gain rightful possession to their property. These stories were not isolated to low incomes areas. News broadcasts shed light on squatters making camp in high-end realty valued in the millions. At the same time, news outlets in the United Kingdom were reporting on the squatting topic, but with a different angle – a recent law criminalizing …
New York's Adverse Possession Law: An Abdication Of Personal Responsibility, Jonathan M. Vecchi
New York's Adverse Possession Law: An Abdication Of Personal Responsibility, Jonathan M. Vecchi
Touro Law Review
No abstract provided.
Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, Scott Andrew Shepard
Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, Scott Andrew Shepard
University of Michigan Journal of Law Reform
Adverse-possession doctrine labors under a pair of disabilities: a hesitancy by theorists to embrace the abandonment-and-recapture principle that informs the doctrine, and a substantial unwillingness of governments to abandon an antiquated and outmoded maxim shielding them from the doctrine's important work. Removing these disabilities will allow a series of positive outcomes. First, it will demonstrate that all would-be adverse possessors, not just those acting "in good faith" or with possessory intent, should enjoy the fruits of the doctrine. Second, it will provide valuable additional means by which the public may monitor the performance of government employees, and additional discipline to …
Adverse Possession And Boundary By Acquiescence In Arkansas: Some Suggestions For Reform, Lynn Foster, J. Cliff Mckinney Ii
Adverse Possession And Boundary By Acquiescence In Arkansas: Some Suggestions For Reform, Lynn Foster, J. Cliff Mckinney Ii
University of Arkansas at Little Rock Law Review
No abstract provided.
Adverse Possession Of The State's Property, John W. Fisher Ii
Adverse Possession Of The State's Property, John W. Fisher Ii
West Virginia Law Review
No abstract provided.
Real Property, Herbert I. Lazerow
Real Property, Herbert I. Lazerow
Cal Law Trends and Developments
During the year, the California courts made the acquisition of property, either by adverse possession or possession as a result of the owner's abandonment, more difficult. While the courts did not change the rules of law they insisted on their pristine application. This demonstrates an understandable tendency, in an urbanizing society, toward restricting the transfer of title by possession alone to non-owners.
Rural Property Law, Alan Romero
Adding Epicycles: The Inconsistent Use Test In Adverse Possession Law, Michael H. Lubetsky
Adding Epicycles: The Inconsistent Use Test In Adverse Possession Law, Michael H. Lubetsky
Osgoode Hall Law Journal
The common law courts in Ontario developed the Inconsistent Use Test (IUT) to assess claims of adverse possession. The IUT, however, often produces counter-intuitive results, which has led other jurisdictions to reject it and caused the Ontario courts to craft numerous exceptions and qualifications to the test that have left the state of the law on adverse possession very unclear. This article argues that the IUT actually represents an unconscious attempt by the Ontario judiciary to develop a functional equivalent to the civil law principle of "interversion," currently found in article 923 of the Civil Code of Quebec (CCO). It …
Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb
Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb
Vanderbilt Journal of Entertainment & Technology Law
This Note focuses on orphan works--works whose copyright owners cannot be found--and the problems they create for libraries and archives that wish to preserve and facilitate access to them. After describing the legal basis for the orphan works problem, the Note analyzes and critiques proposed legislative and scholarly solutions. After concluding that prior solutions fail to adequately address the needs of libraries and archives, the Note offers a solution based on the policy rationales underlying the traditional property concept of adverse possession, since the justifications that supported the advent of the adverse possession doctrine can also be applied to the …
Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm
Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm
San Diego International Law Journal
This Comment is written for those interested in buying property in Mexico and for the professionals who advise them. It begins by analyzing whether title insurance companies provide a necessary service for those purchasing property in Mexico. This section of the Comment addresses issues related to the protections afforded by Mexican law and whether title insurance is duplicative in light of those protections. It also discusses another option for a buyer, obtaining an opinion from a Mexican attorney. It goes on to analyze whether having a title insurance company maneuver the Mexican courts is a justification for its purchase. It …
Making Sense Out Of Nonsense: A Response To Adverse Possession By Governmental Entities, Andrew Dick
Making Sense Out Of Nonsense: A Response To Adverse Possession By Governmental Entities, Andrew Dick
Nevada Law Journal
No abstract provided.
Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs
Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs
University of Richmond Law Review
This article surveys significant cases concerning real property law decided by the Supreme Court of Virginia between the spring of 2004 and the spring of 2006. This article also details significant legislative changes flowing from the 2005 and 2006 Virginia General Assembly sessions.
Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld
Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld
Cleveland State Law Review
This article questions the current doctrine of adverse possession. Rather than viewing adverse possession as a method of acquiring land, adverse possession should instead create a rebuttable presumption of ownership. Section II of this article describes adverse possession and outlines its elements. This section, in describing how the doctrine works, provides a framework for discussing how and why the law should change. Section III of this article describes chazakah. Unlike adverse possession, chazakah serves not as a tool by which a person acquires land, but instead creates a presumption of ownership. The true owner, however, may rebut that presumption. Chazakah …
Pliability Rules, Abraham Bell, Gideon Parchomovsky
Pliability Rules, Abraham Bell, Gideon Parchomovsky
Michigan Law Review
In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …
Adverse Possession Of Municipal Land: It's Time To Protect This Valuable Asset, Paula R. Latovick
Adverse Possession Of Municipal Land: It's Time To Protect This Valuable Asset, Paula R. Latovick
University of Michigan Journal of Law Reform
The laws of several states regarding adverse possession of municipal land vary widely from providing no protection to granting complete immunity from such loss. Generally, states that permit adverse possession of municipally owned land do so without articulating a rationale for allowing such a loss of a valuable municipal asset. In this Article, Professor Latovick describes why the current state of the law is unsatisfactory. She then considers the public policies raised by the issue of adverse possession of municipal land. Professor Latovick concludes by proposing that states should adopt legislation expressly protecting all municipal land from adverse possession and …
Adverse Possession Of Subsurface Minerals, Paul N. Bowles
Adverse Possession Of Subsurface Minerals, Paul N. Bowles
Kentucky Law Journal
No abstract provided.
Breaking The Trust: Adverse Possession Of Subsurface Minerals Under Kentucky Law, M. Gabrielle Hils
Breaking The Trust: Adverse Possession Of Subsurface Minerals Under Kentucky Law, M. Gabrielle Hils
Kentucky Law Journal
No abstract provided.
Adverse Possession--Personal Property--Acquiring Title To Personal Property By Adverse Possession In West Virginia, Claude A. Brown
Adverse Possession--Personal Property--Acquiring Title To Personal Property By Adverse Possession In West Virginia, Claude A. Brown
West Virginia Law Review
No abstract provided.
Adverse Possession Of Severable Minerals, William B. Stoebuck
Adverse Possession Of Severable Minerals, William B. Stoebuck
West Virginia Law Review
The subject of adverse possession is attended by such mystery that one might think it traceable to the druidic rather than late medieval period of English history. Existence of this mystery, needless as it may be, makes it worthwhile for any article on adverse possession to commence by establishing some basic concepts. Foremost among these is that, as understood today, adverse possession of another's land for the period of the statute limiting his right to recover it not only bars his remedy but creates in the disseisor an original title in fee simple. Thus, adverse possession gives the wrongful possessor …
Real Property -- 1960 Tennessee Survey, Thomas G. Roady, Jr.
Real Property -- 1960 Tennessee Survey, Thomas G. Roady, Jr.
Vanderbilt Law Review
It is unfortunate that the statutes in this state on which such decisions as the instant one are based have not long since been repealed or modified. It is becoming more and more apparent that the courts cannot be expected to lessen the oftentimes arbitrary and seemingly unjust result which flows from the literal application of these statutes. The instant case would have been an excellent one in which to permit the defendant to establish the title of his grantors on the merits. But in spite of the desirability of relaxing the rigorous enforcement of such statutes, the court continues …
Constructive Adverse Possession Vs. Constructive Possession Under Paper Title - Goen V. Sansbury, Howard S. Chasanow
Constructive Adverse Possession Vs. Constructive Possession Under Paper Title - Goen V. Sansbury, Howard S. Chasanow
Maryland Law Review
No abstract provided.
Real Property - Adverse Possession - Between Cotenants, Paul K. Gaston
Real Property - Adverse Possession - Between Cotenants, Paul K. Gaston
Michigan Law Review
C. V. James and his wife and children owned certain property as tenants in common. In 1931 defendant Fallon recovered a judgment against C. V. James, and the land was sold by a sheriff under execution. Fallon became the purchaser at the sheriff's sale and was issued a sheriff's deed purporting to convey the entire interest in the property. Thereafter he was "in the actual, visible, distant, hostile, exclusive, continuous and uninterrupted possession" of the land and paid all taxes thereon. Plaintiffs, the wife and children of James, brought this action to determine the ownership of the property. Fallon claimed …
The Practical Location Of Boundaries, Olin L. Browder Jr.
The Practical Location Of Boundaries, Olin L. Browder Jr.
Michigan Law Review
Early in the development of the common law of conveyancing, as everyone knows, the practice of physically consummating a conveyance by acts on the land itself was abandoned in favor of the more flexible and convenient devices authorized or required by the Statute of Uses and the Statute of Frauds. Now we do it all on paper and consummate the transaction at any convenient place. One of the requirements of this process is to make clear what land is being conveyed. So we describe the land on paper in one of the several ways which have been approved for this …
Adverse Possession- Mistake In Boundary Disputes - Tamburo V. Miller - Ervin V. Brown - Hub Bel Air, Inc. V. Hirsch, Bishop V. Stackus, Ridgely V. Lewis, Lewis A. Kann
Maryland Law Review
No abstract provided.
The Basis Of Title By Adverse Possession - Sterling V. Sterling, Dene L. Lusby
The Basis Of Title By Adverse Possession - Sterling V. Sterling, Dene L. Lusby
Maryland Law Review
No abstract provided.
Real Property -- 1956 Tennessee Survey, Herman L. Trautman
Real Property -- 1956 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Bona Fide Purchases Without Notice: There were two cases, First Federal Savings and Loan Ass'n v. Dearth' and Harris v. Buchignani, decided during the year which concerned the title acquired by a purchaser of real property without actual notice of an unrecorded interest. The first of the above cases concerned a purchaser from the heir of the deceased record owner, and the second concerned a purchaser from a record owner who had previously executed a contract of sale which was not recorded. Both cases originated in Memphis.
Property--Existence Of Hostile Intent Necessary For Adverse Possession When Possessor Occupies Under Mistaken Assumption Of Ownership [Ridgely V. Lewis, Md. 1954 And Predham V. Holfester, N. J. 1954]
Washington and Lee Law Review
No abstract provided.