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Adverse Possession v. Prescriptive Easement

Posted by Joseph Rockne | Oct 23, 2020 | 0 Comments

Boundary disputes arise in many ways. However, at their core, they all share a common characteristic: a legal boundary line is being ignored. Provided that the boundary line has been ignored for the requisite period of time (usually ten years), the user can acquire title to the other's property....

This Week in the Advance Sheets: Prescriptive Easements

Posted by Joseph Rockne | Oct 21, 2020 | 0 Comments

Two cases (both unpublished) in this week's advance sheets from the Court of Appeals. In a Division I opinion, the Court of Appeals addressed the summary judgment dismissal of a prescriptive easement claim. Several legal theories were discussed, including adverse possession of an easement (not e...

Adverse Possession and Public Property

Posted by Joseph Rockne | Sep 25, 2020 | 0 Comments

People acquire property—and lose property—by adverse possession when certain facts have been present for more than ten years. The facts center on the possessor's use and occupation of the “true” owner's property. The use may have been by a prior possessor. I have addressed the elements in a prev...

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