Litigating Adverse Possession Cases : Pirates V. Zombies.

Format:

Book

Author/Creator:

Golden, Paul.

Language:

English

Subjects (All):

Adverse possession--United States--Trial practice.

Adverse possession.

Real property--United States.

Real property.

Actions and defenses--United States.

Actions and defenses.

Physical Description:

1 online resource (317 pages)

Edition:

1st ed.

Place of Publication:

Cleveland : American Bar Association, 2024.

La Vergne : American Bar Association, 2024.

Summary:

This book provides a comprehensive examination of adverse possession, a legal doctrine that allows a person to claim ownership of land under certain conditions. It delves into the history and rationale behind adverse possession and explores its traditional elements such as hostility, exclusivity, and continuous possession. The book addresses potential elements like peaceful occupancy, cultivation, and paying real estate taxes, and discusses defenses against adverse possession claims, including the statute of frauds and unclean hands. It also covers special cases like government property and the termination of easements. Written by Paul Golden, an experienced appellate attorney, the text is intended for legal professionals and students, offering detailed insights into litigation strategies, sample complaints, and deposition questions. Generated by AI.

Contents:

Part 1. Basics and preliminaries

Rationale and history of adverse possession

Basic pleading issues

Part 2. The traditional elements

Hostility and claim of right

Color of title

Exclusivity

Actual possession

Open and notorious possession

Continuous possession

Adversely holding the property for the required time period

Part 3. Other potential elements

Peaceful occupancy

Cultivation, improvement, substantial enclosures, ouster, and other odds and ends

Tacking

Paying real estate taxes : a potential shortcut and, in certain states, a requirement

Known and visible lines and boundaries

Part 4. Defenses and disruptions to adverse possession claims

Disrupting a claimant's continuous use claim

Disproving hostility

Statute of Frauds as a defense

Unclean hands may be a defense to adverse possession by claim of right

Statute of limitations and laches as defenses

Affidavits of interruption and Torrens title

Part 5. Special kinds of adverse possession

Private parties adversely possessing government property

Government adversely possessing private property

Terminating an easement through adverse possession

A former tenant or current co-owner can become an adverse possessor

Mining rights and water rights

Part 6. Workarounds

Easement by prescription

Deed reformation

Obtaining the value of improvements

Boundary by acquiescence, agreement, and practical location

Boundary be estoppel and easement by estoppel

Presumed grant

Part 7. Miscellaneous matters

Bench trial versus jury trial

Burdens and presumptions

Potential objections to testimony

De minimis issues, nonstructural encroachments, and law mowing

Champerty

Adverse possession in the wake of a tax lien foreclosure

Attorneys' fees

Appendix A. Sample complaints

Appendix B. Sample questions for depositions.

Notes:

Title from eBook information screen..

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

1-63905-439-1

OCLC:

1455755847