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Adverse Possession Law
 
Ronald Doyle v. City of Medford

2 This case involves four plaintiffs, each of whom retired from employment
3 with the City of Medford (the city) and each of whom attempted to elect to continue the
4 health insurance coverage that the city had provided to them as employees. But the city's
5 health insurance plan that applied to plaintiffs at the time of their retirement did not
6 provide coverage for retirees. Alt... More...
   $0 (05-15-2013 - OR)

Maj I. Hagman v. Meher Mount Corporation

In this boundary dispute, one neighbor seeks to quiet title by adverse possession to an adjoining piece of his neighbor's land that he inadvertently fenced in and later improved. The unusual twist is that the neighboring land on which the adverse possession took place belongs to a nonprofit religious organization. We hold that a nonprofit religious organization's status as a "public benefit corpor... More...   $0 (04-03-2013 - CA)

Michael W. Meade v. 823 Properties, LLC

Michael W. Meade sued 823 Properties, LLC on a personal tort theory claiming:

1. Plaintiff, Michael W. Meade (“Meade”), is the owner of record of Lot 28 in Block One (1), of FLOYD ADDITION, a subdivision of Norman, Cleveland County, Oklahoma (“Lot 28” of “Floyd Addition”). According to professional surveys, the southern most boundary line fence for Lot 28 crosses into the plat... More...
   $1 (03-28-2013 - OK)

Manuel Artemio Garza, Jr. v. Thelma N. Garza

Appellant, Manuel Artemio Garza, Jr., individually and as next friend of S.M.G., a minor, sued appellee, Thelma N. Garza, for claims arising from a real estate transaction. In the suit, Manuel brought claims for breach of warranty of title, common law fraud, statutory fraud, deceptive trade practices, and negligent misrepresentation. After a bench trial, the trial court rendered a take-nothing jud... More...   $0 (02-28-2013 - OK)

Jenny Rubin v. Islamic Republic of Iran

The plaintiffs-appellants in this case are United States citizens who were injured in a 1997 terrorist attack that Hamas orchestrated in Jerusalem. They sued the Islamic Republic of Iran in the United States District Court for the District of Columbia, alleging that Iran had provided material support to Hamas and was therefore liable for the attack. In 2003, the plaintiffs obtained a default judg... More...   $0 (02-27-2013 - MA)

Sofia Aguayo v. Michaelle Amaro

Sofia Aguayo appeals a judgment against her and in favor of Michelle Amaro, the special administrator of the Estate of Isabel Infante. Sofia1 and Amaro both sought to quiet title to real property located at 3665 Gillig Avenue in Los Angeles (the property). After a bench trial, the court determined that the property belonged to the estate on the ground that Sofia was barred from asserting adverse p... More...   $0 (02-14-2013 - CA)

Bob McGinnis v. Chris Barrett

Bob McGinnis and Christine McGinnis sued Chris Barrett and Melissa Barrett claiming:

1. Plaintiffs are residents of Cleveland County, State of Oklahoma. Plaintiffs own in fee simple certain real property described as follows: 8/2 of the SW/4 of the NW/4 of Sec. 1OT 9North-RlEast.

2. Defendants are residents of Cleveland County, State of Oklahoma.
Trespass

3. Defendan... More...
   $0 (01-31-2013 - OK)

Daniel G. Uhl v. Stanley W. Krupsky

The issue in this case is whether the requirements of ORS 105.620—in particular, the requirement of ORS 105.620(1)(b) that a party claiming adverse possession of real property must have an “honest belief” that the claimant is the true owner—apply to a claim by an owner of fee simple title for the extinguishment of an easement. Because the trial court correctly concluded that ORS 105.620 do... More...   $0 (01-30-2013 - OR)

City of Harrisburg v. Ellen Leigh

Defendant appeals a general judgment that condemns real property that she owns, vests title to that property with the City of Harrisburg, and awards her compensation for the taking, and from a supplemental judgment that allows an award of part of her attorney fees and costs. Defendant contends that the trial court erred in awarding just compensation for only the fair market value of the land that ... More...   $0 (01-16-2013 - OR)

Stephen Smith v. Board of County Commissioners of Park County, Wyoming

[¶1] The Smiths contend that an unlawful taking occurred when the Board of County Commissioners of Park County (the Board) declared the Smiths’ private driveway to be part of a county road. Failing to obtain any relief through administrative proceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inve... More...   $0 (01-09-2013 - WY)

Ralph L. Archuleta v. Theodore D. Gomez

¶1 This appeal from a judgment by the Water Court for Water Division No. 2 follows our remand in the case of Archuleta v. Gomez, 200 P.3d 333 (Colo. 2009).1The plaintiff in the underlying case is Ralph L. Archuleta as Trustee for the Ralph L. Archuleta Living Trust2; the defendant is Theodore D. Gomez.

¶2 This adverse possession dispute is between neighbors over legal interests i... More...
   $0 (12-03-2012 - CO)

Neal Frazier, Jr. v. Richard M. Donovan

Richard M. Donovan owned a 107.21 acre tract of land (Tract 1) and a twenty-three-acre tract of land (Tract 2) in Angelina County, Texas (collectively referred to as ―real property‖). Donovan discovered that Neal Frazier, Jr., who had an ownership interest in nearby property described as Tracts 3 and 4, was living in a home on Tract 1. He also saw that Neal would allow horses to trample and ru... More...   $0 (12-03-2012 - TX)

City of Santa Maria v. Richard E. Adam

This appeal concerns rights to groundwater contained in the Santa Maria Valley Groundwater Basin (Basin). The Basin suffered severe water shortages beginning around the 1930‟s but the importation of water from outside the watershed and the local City of Santa Maria et al. v. Richard E. Adam et al., Golden State Water Company et al. (No. H033544); City of Santa Maria et al. v. Richard E. Adam et ... More...   $0 (11-24-2012 - CA)

Amparo Pena Cortina v. P.I. Corporation and Windward Oil and Gas Corporation

Appellants, Amparo Pena Cortina and numerous descendants of Carmen Balli and Delfina Solis Balli ("the Cortinas"), filed suit against appellees, C. Jones Perry, as executor of the Estate of Gilbert Kerlin,1 P. I. Corporation, and Windward Oil & Gas Corporation ("Windward"), claiming to own an undivided 2.083% interest in Padre Island. Windward filed both no-evidence and traditional motions for sum... More...   $0 (10-04-2012 - TX)

The Aubrey J. Moye and Cercia B. Moye Revocable Living Trust v. Debra L. Moye

COMES NOW the Plaintiff, The Aubrey J. Moye and Cercia B. Moye Reocable Living
Trust and Cercia B. Moye, as Trustee (“Plaintiff”), by and through its attorney of record, Jay Tayar
Silvemail, and for its cause of action against Debra L. Moye and against Wallace Moye and against
the unknown successors of Maggie Young, deceased and against the unknown successors of Anthony
Moye, d... More...
   $0 (10-03-2012 - OK)

Chad H. Akin v. Don S. Castleberry

¶1 The only issue presented on appeal is whether the trial court erred in determining that title to the property was not held by adverse possession. We affirm the trial court's decision because title by adverse possession was not proven under the facts presented.

FACTS

¶2 In October of 1956, Robert and Florence McKinney (collectively McKinneys) purchased the disputed real property ... More...
   $0 (09-18-2012 - OK)

Chad H. Akin v. Don S. Castleberry

¶1 The only issue presented on appeal is whether the trial court erred in determining that title to the property was not held by adverse possession. We affirm the trial court's decision because title by adverse possession was not proven under the facts presented.

FACTS

¶2 In October of 1956, Robert and Florence McKinney (collectively McKinneys) purchased the disputed real property ... More...
   $0 (09-18-2012 - OK)

Ryan J. Fischer v. First American Title Insurance Company

A jury found in favor of Ryan J. Fischer (“Fischer”) on his claims against First American Title Insurance Co. (“First American”) for breach of the contractual terms of a title insurance policy and on his derivative claim for vexatious refusal to pay. First American filed a motion for a judgment notwithstanding the verdict, which was granted by the Circuit Court of Jackson County, Missouri.... More...   $0 (09-18-2012 - MO)

WRT Realty, Inc. v. Boston Investment Group II, L.L.C.

¶1 WRT Realty, Inc. filed suit to determine the ownership of property between land it owned and land owned by Boston Investment Group II, LLC. Both parties sought summary adjudication of the issue. The district court found that WRT was the owner of the Disputed Property. Boston appeals the district court's order granting WRT's motion for summary judgment and denying Boston's cross-motion for summ... More...   $0 (08-30-2012 - OK)

Clifford Young v. Karolina Young

The defendant, Daniel Young,1 the administrator of the estate of Karolina Young, appeals from a series of postjudgment orders of the trial court. The defendant claims that the court erred when it denied his ‘‘motion for order that [the] parties immediately list for sale the real estate subject of this action’’ and, instead, ordered the property sold to the plaintiff, Clifford Young, subjec... More...   $0 (08-27-2012 - CT)

El Paso Production Oil & Gas USA, L.P. v. Kenneth Sellers

This appeal involves a title dispute over a mineral estate in Hidalgo County, Texas. By seven issues, which we re-number as two,1 appellant El Paso Production Oil & Gas USA, L.P. (hereinafter “El Paso”) appeals the trial court’s granting of appellee Kenneth Sellers’s partial motion for summary judgment in the dispute, on the grounds that: (1) the trial court’s judgment is a final and app... More...   $0 (07-26-2012 - TX)

Marvin Hansford v. Silver Lake Heights, LLC

Marvin Hansford was named and served as a defendant in a real property partition action in Shawnee County. Although he did not respond to the partition petition and failed to claim that he was the sole owner of any of the legally described property, he later sought to establish a claim to a portion of the partitioned land against its purchaser. The district court granted the purchaser's motion fo... More...   $0 (07-13-2012 - KS)

Patricia Fish v. Billie Ruth Hodges

Appellee Billie Ruth Hodges sued appellant Patricia Fish to establish title by adverse possession to 273 acres of property that were recorded in Fish's name. A jury found that Hodges had adversely possessed the property, and the district court signed a final judgment awarding ownership of the property to Hodges. We will affirm the district court's judgment.


BACKGROUND

In 19... More...
   $0 (07-13-2012 - TX)

Dennis Davis v. Steven L. Johnston

This appeal arises from a dispute concerning the existence and scope of easements that were alleged to burden two waterfront lots on Lake Travis. One of the lots is owned by appellant Dennis Davis and the other by appellant Debbie Desmond. Davis and Desmond are jointly engaged in a business known as Aqua Tech Marine Industries, which had conducted its operations on the lots since 2004. Following a... More...   $0 (06-29-2012 - TX)

Mark Harrington v. Dawson-Conway Ranch, Ltd.

The issue in this case is whether the owners of the Dawson-Conway Ranch, Ltd. have an easement, either by implication or by prescription, to use a road on the Harrington Ranch that borders the Dawson-Conway on the west. A short portion of the road is south of the Dawson-Conway and crosses the Harrington Ranch from County Road 201 to an access point at the southwest corner of the Dawson-Conway. ... More...   $0 (05-31-2012 - TX)

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