Land Use Law Report
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Land Use Law Report, Volume 46, Number 1, January 2018

Adverse Possession


Rural Maine Has High Bar For Adverse Possession

Wednesday, December 27, 2017

Facts: In the 1920s, the owner of a tract of land on the shore of Little Ossippee Lake in Waterboro, Maine conveyed a small lake-front lot (the disputed lot) to Clarence Fluent and a larger lot (the Weeks lot), which surrounded the disputed lot on three sides and had lake [...]

Constant Traffic Across Property Should Have Alerted Landowners Of Adverse Use

Wednesday, December 27, 2017

Facts: Dennis D. Murphy, as trustee of the Holmes Road Realty Trust (Trust), sued the Trust’s neighbors to establish a prescriptive easement across their properties. The Trust sought a 40-foot-wide right-of-way across land owned by John F. Chaves, Sr [...]

Railway Converted To Trail Cannot Be Adversely Possessed

Wednesday, December 27, 2017

Facts: Ajay Bhatt’s earliest memory of the fence in his yard is from 1977, when he was eight years old and the property belonged to his aunt. Other memories traced the fence back to 1960. Part of the fence enclosed a railroad right of way, which Montgomery [...]

Present ‘Clear, Convincing’ Facts To Prove Adverse Possession

Wednesday, December 27, 2017

Facts: In 1972, Thomas M. Helms and Barbara S. Helms bought a 102-foot-long piece of property that bordered property owned by James L. Manspile [...]

Repudiation By Co-Tenant Can Be Established As A Matter Of Law

Wednesday, December 27, 2017

Tract 1: Edward Francis Senior (Edward Sr.) moved onto Tract 1 after his mother died in 1952. He surrounded the property with a fence whose gate was always locked when he and his wife were not at home; none of his other family members had the key. Edward Sr. lived on Tract 1 until his death in 1993, and his wife continued to live [...]

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