prescriptive claim (Vermont) · Go Syfert
← Vermont issues

prescriptive claim in Vermont

5 Vermont opinions name it 2 courts 1974–2005 0 in the last five years

The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Hilliker v. Husbandgreen
vt · 1974 · cited in 2 Vermont opinions naming this issue, 1977–2005
2 sentences

2005Jur. 2d §248, nor requires the person claiming it “to voice his claim if his use is such as to indicate that a prescriptive claim is being asserted....” Zuanich, 135 Vt. at 325 (quoting Hilliker v. Husband, 132 Vt. 566, 568 (1974)).

1977In Hilliker v. Husband, 132 Vt. 566, 568 , 326 A.2d 177 (1974), speaking to the elements of open, notorious, and hostile use, we stated that: It is not necessary for a prescriptive claimant to voice his claim if his use is such as to indicate that a prescriptive claim is being asserted. ...

12
Russell v. Paregreen
vt · 1974 · cited in 2 Vermont opinions naming this issue, 1974–1989
2 sentences

1989The record supports the conclusion that adverse use began no later than 1929, with the result that the prescriptive period expired in 1944. 3 *161 “When the proponent of a prescriptive acquisition produces facts sufficient to support the claim, the burden shifts to the defendants to show such possession or intrusion as would defeat the prescriptive claim.” Id.

1974Russell v. Pare, 132 Vt. 397 , 321 A.2d 77, 82 (1974).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Zuanich v. Quero green
vt · 1977
1 sentence

2005Jur. 2d §248, nor requires the person claiming it “to voice his claim if his use is such as to indicate that a prescriptive claim is being asserted....” Zuanich, 135 Vt. at 325 (quoting Hilliker v. Husband, 132 Vt. 566, 568 (1974)).

12005–2005
Barber v. Bailey green
vt · 1912
2 sentences

1974Waterman v. Moody, 92 Vt. 218, 238-39 , 103 A. 325 (1918); Barber v. Bailey, supra, 86 Vt. at 223 .

1974Montgomery v. Branon, supra, 127 Vt. at 89 ; Barber v. Bailey, supra, 86 Vt. at 223-24 .

11974–1974
Montgomery v. Branon green
vt · 1968
1 sentence

1974Montgomery v. Branon, supra, 127 Vt. at 89 ; Barber v. Bailey, supra, 86 Vt. at 223-24 .

11974–1974
Waterman v. Moody green
vt · 1918
2 sentences

1974Waterman v. Moody, 92 Vt. 218, 238-39 , 103 A. 325 (1918); Barber v. Bailey, supra, 86 Vt. at 223 .

1974Waterman v. Moody, 92 Vt. 218, 238-39 , 103 A. 325 (1918); Barber v. Bailey, supra, 86 Vt. at 223 .

11974–1974

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 12, § 501 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 13 (1976–2025) MT 8 (1996–2023) LA 5 (1984–2012) VT 5 (1974–2005) CT 4 (2002–2025) GA 4 (1921–2013) CA 3 (1960–2022) ME 3 (1999–2012) AL 3 (1916–1964) IN 2 (2013–2020) NM 2 (1995–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check