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Litigating Adverse Possession Actions: Key Considerations and Strategies for Plaintiff and Defense Counsel

Claim Elements and Evidentiary Bar, Unique Jurisdictional Considerations, Defenses, Mitigating Risk of a Claim

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, October 17, 2024

Recorded event now available

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This CLE webinar will guide practitioners through the process of bringing and defending adverse possession claims, providing practical instruction and litigation strategies. The panel will discuss how to determine when an adverse possession claim is necessary. The panel will also address defenses and offer best practices for helping clients prevent adverse possession claims.

Description

Adverse possession allows a non-owner of real property to take legal title to the property away from the owner under certain circumstances. For current property owners who may have had plans for their property or for new property owners inadvertently purchasing land that could be subject to an adverse possession claim, the impact of such a claim can be devastating.

Most jurisdictions require certain common elements to make an adverse possession claim including: (1) actual possession; (2) open and notorious; (3) hostile; (4) exclusive; and (5) continuous. However, jurisdictions also have unique requirements of which counsel should be aware.

Counsel should also understand defenses to adverse possession claims and how to help clients mitigate the risk of such claims.

Listen as our expert panel guides practitioners through the process of litigating adverse possession claims with practical instruction and litigation strategies for plaintiff and defense counsel. The panel will discuss claim elements common to most jurisdictions while examining notable jurisdictional differences and providing case law examples. The panel will also discuss defenses to adverse possession claims and best practices for avoiding a claim.

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Outline

  1. Introduction
    1. Overview of adverse possession
    2. Impact on property transfer and use of property
    3. When to bring an adverse possession claim
  2. Adverse possession claims and litigation strategies
    1. Elements
      1. Actual possession
      2. Open and notorious
      3. Hostile
      4. Exclusive
      5. Continuous
      6. Additional jurisdictional elements and examples
    2. Evidentiary bar
    3. Defenses
    4. Remedies
  3. Best practices for helping clients prevent adverse possession claims
  4. Practitioner takeaways

Benefits

The panel will review these and other key considerations:

  • What are the elements required to make adverse possession claims that are common to most jurisdictions?
  • What are unique jurisdictional elements required to demonstrate adverse possession? Case law and statutory examples?
  • Under what circumstances should a party consider making an adverse possession claim?
  • What are defenses to an adverse possession claim?
  • What are best practices for helping clients mitigate the risk of having an adverse possession claim made against them?

Faculty

Glosser, Lawrence
Lawrence S. (Larry) Glosser
Partner
Ahlers Cressman & Sleight

Mr. Glosser’s primary focus is real estate, business, and corporate law.  His practice combines transaction...  |  Read More

Golden, Paul
Paul Golden
Of Counsel
Hannum Feretic Prendergast & Merlino

Mr. Golden has worked for 25 years in the field of appellate practice, insurance litigation, real estate litigation,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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