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Articles 1 - 30 of 53
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 …
For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg
For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg
Georgia Journal of International & Comparative Law
No abstract provided.
Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan
Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan
Georgia Journal of International & Comparative Law
No abstract provided.
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 Of Orphan Works, Katherine M. Meeks
Adverse Possession Of Orphan Works, Katherine M. Meeks
Loyola of Los Angeles Entertainment Law Review
In recent decades, Congress has elongated the term of copyright protection and eliminated the requirement that authors register and renew their copyrights. These changes, aimed partly at bringing our copyright system into line with Europe’s, have brought about significant collateral damage. They have resulted in a large population of orphan works—that is, works that remain under copyright protection but whose owners cannot be found. The uncertain ownership status of these works has hampered libraries, museums, and private companies from using them in ways that might be beneficial to the public. This Article proposes that the doctrine of adverse possession could …
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.
Keeping The Welcome Mat Rolled-Up: Social Jsutice Theorists' Failure To Embrace Adverse Possession As A Redistributive Tool, Tessa Davis
Florida State University Journal of Transnational Law & Policy
"The essential difference between prescription and limitation is that in the former case title can be acquired only by possession as of right. That is the antithesis of what is required for limitation, which perhaps can be described as possession as of wrong." "Property rights must be defined and structured so as to grant legal protection for particular interests while at the same time limiting that protection to ensure an environment in which all people may exercise their rights . . . . Contrary, perhaps, to popular belief this means that one of the purposes of property systems must be …
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 …
When In Nome: Custom, Culture And The Objective Standard In Alaskan Adverse Possession Law, Grantland M. Clapacs
When In Nome: Custom, Culture And The Objective Standard In Alaskan Adverse Possession Law, Grantland M. Clapacs
Alaska Law Review
No abstract provided.
Environmental Critique Of Adverse Possession , John G. Sprankling
Environmental Critique Of Adverse Possession , John G. Sprankling
Cornell Law Review
No abstract provided.
Property Title Registration: Amend Provisions, A. Stafford
Property Title Registration: Amend Provisions, A. Stafford
Georgia State University Law Review
The Act amends the title registration requirements allowing title to registered land to be acquired by adverse possession, and by treating registered land as unregistered for purposes of recording and transfer.
The Arkansas Law Of Oil And Gas:Chapter I & Ii, Susan Webber Wright
The Arkansas Law Of Oil And Gas:Chapter I & Ii, Susan Webber Wright
University of Arkansas at Little Rock Law Review
No abstract provided.
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 …