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Business Law - land law - Case Study Example

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In keeping with the present case scenario of Tim and Hill Bob, the issue is whether Hill Bob has adverse possession of the land or a portion of the land that Tim owns in Colorado. The facts are as follows: The residence on Tim's land has been in view of others for over 15 years, the residence has been occupied for over 15 years, and the person occupying that land is Hill Bob…
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Download file to see previous pages By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one's claim for possession of the real estate. A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person's claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person's Last Will and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate." Black's Law (2006).
"Unknown to the owner, a third person - a "squatter" - may be in illegal and unauthorized occupation of a far corner of the land parcel. If nothing is done to remove him, after a certain period of time the squatter may eventually acquire legal rights over the land parcel, or part of it. Further, questions may arise as to the relationship between the formal owner of the land parcel, often a male, and other family members. What interests, if any, do women and other members of the owner's family hold in the land" Hodgson (2004).
Second, does he have a reason to believe that he has a right to be there and keep the land Hill Bob may have been given a portion of the land through title in a last will and testament.
Third, how many years has he actually lived on the land Hill Bob would be able to claim adverse possession of a portion of the land if it were obvious that he could support that claim. In Colorado, the duration of such possession is seven (7) years if the claimant claims under color of title. If the claimant does not make his/her claim under color of title, the duration of possession is eighteen (18) years. Colorado Code 38-41-101, 108, 109.
Fourth, has he ever been told by a previous owner that in exchange for work completed to the land, a portion of the land belonged to him in exchange For example in a different state, the person claiming must past three tests.
"Under the Limitations Act in Ontario, an owner's title to land can be extinguished by the adverse possession of another person for a period of 10 years. In order for an adverse possession claim to succeed, the person claiming the disputed land must meet three tests. Throughout the entire 10-year period, he or she must have:
had actual exclusive, open, and visible possession,
had the intention to exclude the true owner from possession, and
effectively excluded the true owner from possession." Aaron (2002)
In summary, if Tim sued Hill Bill and Hill Bill has been in possession of the ...Download file to see next pagesRead More
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