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II. The Purposes of Adverse Possession
Lisa and Danny are neighbors that live on Guerrero Street. Fifteen years ago Lisa built a gazebo. She frequently used the gazebo, but she was not aware that actually the gazebo was on property belonging to Danny. A month after the gazebo was built Lisa built a fence between her and Danny’s yard, and the gazebo was on Lisa’s side of the fence. Fifteen years later, Danny has a survey done, and he discovers that the gazebo is on his land. Danny brings a suit to evict Lisa from the land. Does Lisa have a defense? Assume, that the state in question has an adverse possession period of ten years.
When analyzing the court’s reasoning, it is apparent that it ignored the historical purposes of adverse possession and instead made a series of incorrect deductions. The ruling increased the burden on people who put unused land into production to gain title to that property. The title landowner, who failed to be personally responsible by inspecting, maintaining, and controlling his own property, is thus able to reap the reward that resulted from the long-term efforts and investments of the adverse user. The fact that the encroachment is small does not negate the fact that the title owner failed to care for his property, nor should it be held against the adverse user.
V. New York’s Departure From Adverse Possession Principles
Another theory is that adverse possession creates an incentive for the landowner to be proactive. To prevent an adverse possession claim, an owner should regularly inspect, maintain, and control his own land. While this can be done simply by scanning one’s own property, it is certainly more constructive to put that land into production before a non-owner seizes the opportunity. In sum, this theory was meant to invoke personal responsibility in the landowner to oversee and supervise the activities on his property.
A different theory rests in fairness. This theory suggests that as time progresses, the balance of justice shifts from the true owner, who failed to eject the possessor, to the person who actually possessed the land. Similar to many other legal rules, adverse possession law subjects an owner’s ability to eject a trespasser to a statute of limitations. Once the statute of limitations has run, the possessor’s occupation may have ripened into title.
Adverse Possession Essay | Adverse Possession | …
In a world where most of society defines "socially acceptable" as the material possessions one owns such as, the latest clothing, the biggest house, or the fastest car one comes to believe that you need all of these things to be viewed as a part of society.
An individual will gain ownership of a property by way of adverse possession if he or she fulfills the requirements established in the police force, according to the statute and they are 1....
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The doctrine of adverse possession - Law Teacher
The scope of adverse possession, and the ability to acquire land by stealth, has been severely curtailed by the Land Registration Act 2002, resulting in a law that can be morally justified.
Adverse Possession Essay Examples - New York essay
This requires you to essentially analyse how the law of adverse possession, which enables a person to acquire title to property, has changed following the enactment of the LRA 2002. Key focus will be upon the procedure for acquiring adverse possession, rather than an explanation of what adverse possession actually is, as the latter has changed little following the LRA 2002.
Property Law- Adverse Possession Essay Example for Free
After that mistake, however, the student wrote an excellent answer addressing the remaining issues in the question (whether Horace and Angela would have a basis for establishing an adverse possession claim, and, if not, whether they would have a basis for making a claim for equitable estoppel or protection as a "good faith improver."
Adverse Possession Problem Question - UK Essays
With land ownership comes great responsibility to protect that land from trespassers and to maintain the land for the benefit of the owner and surrounding community. The changes to the New York adverse possession statute promote apathy in the landowner and stifle the industrious adverse possessor from picking up the slack. The new standard will allow landowners to benefit personally and financially through the hard work of others. Such a result is inequitable to the industrious users of otherwise neglected property.
Adverse Possession Essay Outline - Scribd
If the adverse possession claim vested after July 7, 2008, the analysis would have been made under the new statute. Had this been the case, the adverse user would likely have lost the case because his dock is most likely a non-structural encroachment as defined by the statute. If this outcome resulted, the adverse user’s hard work and efforts in construction and maintenance of the dock for over twenty-one years would have advantaged another. Furthermore, the title owner, who failed to be personally responsible and maintain oversight over her own land, would reap the benefits despite the title owner’s discovery of the adverse user’s encroachment and continued neglect of her responsibilities as a landowner.
Adverse Possession Essay - 1133 Words - StudyMode
It is suggested that you should scrutinize the procedure for establishing adverse possession pre LRA 2002. Of particular focus should be the consequences of establishing 12 years' adverse possession. Is the automatic extinguishment of the paper owners title fair and can it be justified, or does it simply allow people to steal property from others under their noses? Should the law allow for this to happen? Some critical evaluation of the law is essential and where possible enhance with academic debate. Arguments could also be strengthened by looking at comments made on the issue of whether the law was adequately balanced between the paper owner and the adverse possessor during the various stages in the case of Pye (JA) (Oxford) Ltd v Graham (2003).
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