The Uneasy Case for Adverse Possession
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UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (Last Revised Or Amended in 2005)
UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (Last Revised or Amended in 2005) drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its ANNUAL CONFERENCE MEETING IN ITS ONE-HUNDRED-AND-THIRTEENTH YEAR PORTLAND, OREGON JULY 30-AUGUST 6, 2004 WITH PREFATORY NOTE AND COMMENTS Copyright ©2004 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS April 2005 ABOUT NCCUSL The National Conference of Commissioners on Uniform State Laws (NCCUSL), now in its 114th year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. Conference members must be lawyers, qualified to practice law. They are practicing lawyers, judges, legislators and legislative staff and law professors, who have been appointed by state governments as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical. • NCCUSL strengthens the federal system by providing rules and procedures that are consistent from state to state but that also reflect the diverse experience of the states. • NCCUSL statutes are representative of state experience, because the organization is made up of representatives from each state, appointed by state government. • NCCUSL keeps state law up-to-date by addressing important and timely legal issues. • NCCUSL’s efforts reduce the need for individuals and businesses to deal with different laws as they move and do business in different states. -
Deed Recording
DEED RECORDING Deeds are important legal documents. The Onondaga County Clerk’s Office strongly recommends consulting an attorney regarding the preparation and filing/recording of any legal document. OUR OFFICE IS PROHIBITED BY LAW FROM PROVIDING ANY LEGAL ADVCE. THE ACCEPTANCE OF AN INSTRUMENT FOR RECORDING IN NO WAY IMPLIES AN ENDORSEMENT OR LEGAL SUFFICIENCY OR A GUARANTEE OF TITLE. IF YOU CHOOSE TO ACT AS YOUR OWN ATTORNEY YOU ARE SOLELY RESPONSIBLE FOR LEGAL COMPLIANCE AND ANY IMPLICATIONS THEREOF. To find a local attorney who specializes in real estate, contact the Onondaga County Bar Association Lawyer Referral Serve at 315.471.2690. Their website is located at https://www.onbar.org/ Our office does not supply forms. To purchase a New York State specific deed form, you may visit the Blumberg Legal Forms website at: https://www.blumberg.com/forms/ All deed filings must be accompanied by both an RP-5217 and TP 584 All recording in Onondaga County require a legal description for the subject property. ADDITIONAL RECORDING FEE EFFECTIVE MARCH 11, 2020 Effective March 11, 2020 there will be a $10 fee added to all residential deed recordings. On January 11, 2020 Governor Cuomo signed into law an amendment to Real Property Law Section 291 that requires County Clerks to notify the owner(s) of record of residential real property when a document is recorded affecting said residential property. The law also allows a reasonable fee to be assessed for said notices. The NYS Association of County Clerks, in order to provide uniformity throughout NYS, has determined that $10 is a reasonable fee per document. -
30 Rock: Complexity, Metareferentiality and the Contemporary Quality Sitcom
30 Rock: Complexity, Metareferentiality and the Contemporary Quality Sitcom Katrin Horn When the sitcom 30 Rock first aired in 2006 on NBC, the odds were against a renewal for a second season. Not only was it pitched against another new show with the same “behind the scenes”-idea, namely the drama series Studio 60 on the Sunset Strip. 30 Rock’s often absurd storylines, obscure references, quick- witted dialogues, and fast-paced punch lines furthermore did not make for easy consumption, and thus the show failed to attract a sizeable amount of viewers. While Studio 60 on the Sunset Strip did not become an instant success either, it still did comparatively well in the Nielson ratings and had the additional advantage of being a drama series produced by a household name, Aaron Sorkin1 of The West Wing (NBC, 1999-2006) fame, at a time when high-quality prime-time drama shows were dominating fan and critical debates about TV. Still, in a rather surprising programming decision NBC cancelled the drama series, renewed the comedy instead and later incorporated 30 Rock into its Thursday night line-up2 called “Comedy Night Done Right.”3 Here the show has been aired between other single-camera-comedy shows which, like 30 Rock, 1 | Aaron Sorkin has aEntwurf short cameo in “Plan B” (S5E18), in which he meets Liz Lemon as they both apply for the same writing job: Liz: Do I know you? Aaron: You know my work. Walk with me. I’m Aaron Sorkin. The West Wing, A Few Good Men, The Social Network. -
Title Matters Affecting Parties in Possession: By
TITLE MATTERS AFFECTING PARTIES IN POSSESSION: ADVERSE POSSESSION, AFTER-ACQUIRED TITLE, & THE RULE AGAINST PERPETUITIES BY DONALD G. SINEX SCOTT C. PETRY SUSAN A. STANTON TABLE OF CONTENTS INTRODUCTION…………………………………………………………………………….. 1 I. ADVERSE POSSESSION…….……………………………………………………………. 1 1. Adverse Possession………...………………...……………………………………….......... 2 2. Identifying Issues in Record Title…………………………………………………………. 3 a. Historical Changes in Metes and Bounds…………………………………………… 4 b. Adverse Possession of Minerals……………………………………………………… 4 c. Adverse Possession in Cotenancy, Landlord-Tenant, & Grantor-Grantee Situations………………………………………………………………………….…...... 5 d. Distinguishing Coholders from Cotenants………………………………………….. 6 3. Adverse Possession Requirement………………………………………………………… 7 4. Other Issues………………………………………...……………………………………….. 9 II. AFTER ACQUIRED TITLE………………………….…………………………………………. 10 1. The Doctrine………………..……... ……………………………………………………….. 10 2. Bases Used by Courts in Applying the Doctrine…………………………………........... 11 3. Conveyance Instruments that an Examiner is Likely to Encounter…………………… 12 a. Deeds of Trust and Liens……………………………………………………………... 12 b. Oil & Gas Leases and Limitations……………………………………………………. 14 c. Public Lands……………………………………………………………………………. 15 d. Title Acquired in Trust………………………………………………………………… 16 e. Quitclaims and Limitations…………………………………………………………… 16 4. Effect on Notice and Purchasers………………………………………………………….. 18 a. Subsequent Purchaser…………………………………………………………………. 19 b. Protections……………………………………...………………………………………. 19 c. Duty to Search…………………………………………………………………………. -
July 2007 Real Property Question 6
July 2007 Real Property Question 6 MEE Question 6 Owen owned vacant land (Whiteacre) in State B located 500 yards from a lake and bordered by vacant land owned by others. Owen, who lived 50 miles from Whiteacre, used Whiteacre for cutting firewood and for parking his car when he used the lake. Twenty years ago, Owen delivered to Abe a deed that read in its entirety: Owen hereby conveys to the grantee by a general warranty deed that parcel of vacant land in State B known as Whiteacre. Owen signed the deed immediately below the quoted language and his signature was notarized. The deed was never recorded. For the next eleven years, Abe seasonally planted vegetables on Whiteacre, cut timber on it, parked vehicles there when he and his family used the nearby lake for recreation, and gave permission to friends to park their cars and recreational vehicles there. He also paid the real property taxes due on the land, although the tax bills were actually sent to Owen because title had not been registered in Abe’s name on the assessor’s books. Abe did not build any structure on Whiteacre, fence it, or post no-trespassing signs. Nine years ago, Abe moved to State C. Since that time, he has neither used Whiteacre nor given others permission to use Whiteacre, and to all outward appearances the land has appeared unoccupied. Last year, Owen died intestate leaving his daughter, Doris, as his sole heir. After Owen’s death, Doris conveyed Whiteacre by a valid deed to Buyer, who paid fair market value for Whiteacre. -
Virginia Real Property Electronic Recording Standard
SEC505-00.1 Effective Date: May 1, 2007 December 8, 2016 COMMONWEALTH OF VIRGINIA Information Technology Resource Management Standard VIRGINIA REAL PROPERTY ELECTRONIC RECORDING STANDARD Virginia Information Technologies Agency (VITA) i Virginia Real Property Electronic Recording Standard SEC505-00.1 Effective Date: May 1, 2007 December 8, 2016 PUBLICATION VERSION CONTROL ITRM Publication Version Control: It is the user's responsibility to ensure they have the latest version of the ITRM publication. Questions should be directed to the Associate Director Manager for Policy, Practice and Enterprise Architecture (PPA) (EA) at VITA’s Relationship Management Governance (RMG) Strategic Management Services (SMS). SMS EA will issue a Change Notice Alert, post it on the VITA Web site, and provide an email announcement to the Circuit Court Clerks, as well as other parties PPA EA considers to be interested in the change. This chart contains a history of this ITRM publication’s revisions. Version Date Purpose of Revision Original 05/01/2007 Base Document This administrative update is necessitated by changes in the Code of 00.1 12/08/2017 Virginia and organizational changes in VITA. No substantive changes were made to this document. ii Virginia Real Property Electronic Recording Standard SEC505-00.1 Effective Date: May 1, 2007 December 8, 2016 PREFACE real estate settlement process for the benefit of citizens of the Commonwealth and users of the electronic Publication Designation filing system. SEC505-00.1 Sections 55-66.3 through 55-66.5 and 55-66.8 through Subject 55-66.15: This Standard for the electronic acceptance and recordation for the release of mortgage, rescinding Virginia Real Property Electronic Recording Standard erroneously recorded certificates of satisfaction, requirements on secured creditors, and the form and Effective Date effect of satisfaction facilitates real estate transactions May 1, 2007 December 8, 2016 in the Commonwealth. -
An Environmental Critique of Adverse Possession John G
University of the Pacific Scholarly Commons McGeorge School of Law Scholarly Articles McGeorge School of Law Faculty Scholarship 1994 An Environmental Critique of Adverse Possession John G. Sprankling Pacific cGeM orge School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/facultyarticles Part of the Environmental Law Commons, and the Property Law and Real Estate Commons Recommended Citation John G. Sprankling, An Environmental Critique of Adverse Possession, 79 Cornell L. Rev. 816 (1994) This Article is brought to you for free and open access by the McGeorge School of Law Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in McGeorge School of Law Scholarly Articles by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. Cornell Law Review Volume 79 Article 2 Issue 4 May 1994 Environmental Critique of Adverse Possession John G. Sprankling Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation John G. Sprankling, Environmental Critique of Adverse Possession , 79 Cornell L. Rev. 816 (1994) Available at: http://scholarship.law.cornell.edu/clr/vol79/iss4/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. AN ENVIRONMENTAL CRITIQUE OF ADVERSE POSSESSION John G. Spranklingf INTRODUCTION Consider three applications of modem adverse possession law to wild, undeveloped land. -
Claim of Title in Adverse Possession
CLAIM OF TITLE IN ADVERSE POSSESSION HE RY WinnRop BALLArnNE University of Illinois I. BASIS AND EXTENT OF REQUIREMENT. The adverse possession which is requisite to establish title and bar the rights of the ousted owner must, it is said, include five elements. It must be (I) hostile or adverse, (2) actual (as to part of the land), (3) visible, notorious and exclusive, (4) continuous for the statutory period, and (5)under claim or color of title.' It is almost universally held that the basis of an adverse possession is a claim of title or right. No title can be acquired against the true owner by merely squatting on real estate.2 Color of title is not neces- sary, but the possession must evidence some claim inconsistent with that of the true owner. A few cases, however, seem to declare that claim of title is not essential s Why should "claim of title" be an essential element? In most statutes of limitation there is no mention of claim of title. By what authority, then, do courts superadd such a requirement? The explanation is that the title acquired under the statute results from the joint operation of the statute and the common law rules as to possession. The owner must be ousted and put to his action before the statute begins to run against him. The operation of the statute is sometimes called "negative prescription". There is no "statutory conveyance" to the man in possession. The statute deals with the remedies of the claimant out of possession. The remedies and title of the ousted owner are extinguished rather than transferred by the statute.4 1 Zirngibl v, Calumet Dock Co. -
Chapter 2– Property Ownership
Chapter 2– Property Ownership Learning Goals: • Define and describe land, real estate, and real property. • Identify and explain the concept of the bundle of legal rights in the ownership of real property. • Define and describe surface rights, subsurface rights, and air rights. • Describe the differences between real property and personal property. • Define and describe the differences between a fixture and a trade fixture. • Identify and apply the legal tests of a fixture. • List and explain the economic and physical characteristics of real property. Chapter 2 VOCABULARY Characteristics of Real Property include: A. Physical characteristics 1. Immobility—the land can be changed, but it cannot be moved 2. Indestructibility—the land can be changed, but it cannot be destroyed 3. Nonhomogeneity—all parcels of land are unique B. Economic characteristics 1. Relative scarcity—land in the imme diate areas may be limited or unavailable 2. Improvements—one property can affect the uses and values of many properties 3. Permanence of investment—real estate investments tend to be long-term and relatively stable 4. Area preference (situs)—refers to people’s preferences and choices in an area C. Real estate characteristics define land use 1. Contour and elevation of the parcel 2. Prevailing winds 3. Transportation 4. Public improvements 5. Availability of natural resources, such as minerals and water ABC Real Estate School 3st ed National Workbook August 2010 Page 19 Land: the surface of the earth plus the subsurface rights, extending downward to the center of the earth and upward infinitely into space; including things permanently attached by nature - such as trees and water. -
Property @Ction
December 2010 Review Property @ction Welcome to the Sixth Edition of the Quarterly Review from Hammonds’ Property@ction Team. In this issue we will look at the following: (i) You can’t take it with you! - when a chattel becomes a fixture; (ii) Authorised Guarantee Agreements – Guarantors; (iii) When is an excluded lease not excluded?; (iv) Rent as an administration expense; (v) A Strategic Approach to LPA Receiverships; We welcome all contributions to this review and if you would like to discuss this further please contact any of the editorial team. ‘You can’t take it with you!’ Whether you are a tenant or a freehold owner, you may think that whatever you put into a property remains yours to take away again when you leave. However, this is not always the case. Once an item is placed within a property it can become a “fixture”, deemed to belong to whoever owns the property. Fixtures will (unless specifically excluded by contract) be covered by a mortgage of the property, be included in a sale of the property and may pass to the landlord of a leasehold property on expiry or transfer of the lease. HOW DOES AN ITEM BECOME A FIXTURE? 1. Is there a sufficient degree of annexation? If the item rests on its own weight, then unless there is a demonstrable intention to use it as a fixture (see below) it will remain a “chattel” – the personal property of the person who bought the item and not of the landowner. This is the case regardless of the size of the item. -
Adverse Possession Frederick B
Marquette Law Review Volume 8 Article 6 Issue 2 February 1924 Adverse Possession Frederick B. Helm Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Frederick B. Helm, Adverse Possession, 8 Marq. L. Rev. 104 (1924). Available at: http://scholarship.law.marquette.edu/mulr/vol8/iss2/6 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. ADVERSE POSSESSION By FREDERICK B. HELM, A.B., LL.B.* The purpose of this article is to state the law of Wisconsin pertaining to the acquisition of title to real property by adverse possession. Upon this subject there is a great diversity of opinion for the reason that it presents some of the most doubtful questions known to the law. In most states, statutes of limita- tion operate to cut off one's right to bring an action for the recovery of real property which has been in the adverse posses- sion of another for a specified time and vest title in the disseizor. Wise public policy has dictated these legislative enactments. The intention is not to punish one who has neglected to assert his rights but to protect those who have maintained the possession of land for the time specified by the particular statute, under claim of right of color of title.' In view of the importance of these statutes of limitation it is fitting and proper to review the statutory law of Wisconsin upon the subject of disseizion-adverse possession. -
Ownership – Acquisition, Proof and Extinction
Ownership Acquisition of ownership Modalities of Acquisition of Individual Ownership . Generally, the law recognizes two types/class of acquiring ownership: Original acquisition, and Derivative acquisition . Ownership is said to be acquired through original acquisition when an individual acquires ownership over a given thing by his own, without depending on anyone's title/ownership. Ownership may be acquires in this manner over a thing which: - has never been owned, res nullius - has had owner but abandoned, res derelictae - has owner, but the new owner doesn’t depend on the pre-existing OP as a source . Derivative acquisition refers to the acquisition of ownership through transfer of ownership. This is a case of buying/taking the right rather than establishing original ownership. It is a derivative mechanism of acquiring ownership. It requires juridical acts and is dependent on the quality of ownership of the original acquirer. Original Acquisition of Ownership . The CC recognizes 4 modes of original acquisition of OP: - Occupation - Possession in good faith - Usucaption - Accession . Some apply to acquisition of OP only on corporeal movables, others to immovable only & some for both. Acquisition of OP by Occupation . No clear definition of the term in the CC . From a systematic reading of Art 1151 we can describe Occupation as: a mode of acquiring OP whereby a person becomes an owner of a masterless corporeal chattel by taking possession of the thing with the intention of becoming owner. Thus, in order to become owner by occupation, the following elements must be fulfilled cumulatively: - The thing must be a corporeal movable - The thing must be susceptible of private appropriation - The thing must be masterless - The person must have taken possession of the thing - The possession must be with intention of becoming owner of the thing.