11 Connecticut opinions name it 3 courts 1995–2025 5 in the last five years
The cases below were cited by Connecticut 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.
| Case | Followed | Cited |
|---|---|---|
Smith v. Chapingreen2 sentences2024Such a posses- sion is not to be made out by inference, but by clear and positive proof.’’ (Internal quotation marks omitted.) Dowling v. Heirs of Bond, 345 Conn. 119, 143 , 282 A.3d 1201 (2022). ‘‘It is sufficient if there is an adverse possession con- tinued uninterruptedly for fifteen years whether by one or more persons. . . . [T]he possession [however] must be connected and continuous . . . .’’ (Internal quotation marks omitted.) Har v. Boreiko, 118 Conn. App. 787, 799 , 986 A.2d 1072 (2010). ‘‘If one party’s period of use or possession is insufficient to satisfy the fifteen year requirem 2011Smith v. Chapin, 31 Conn. 530, 531-32 (1863) . . . .” (Citations omitted; internal quotation marks omitted.) McBurney v. Cirillo, 276 Conn. 782, 813 , 889 A.2d 759 (2006), overruled on other grounds by Batte-Holmgren v. Commissioner of Public Health, 281 Conn. 277, 284-89 , 914 A.2d 996 (2007). | 2 | 3 |
Caminis v. Troygreen2 sentences2024Such a posses- sion is not to be made out by inference, but by clear and positive proof.’’ (Internal quotation marks omitted.) Dowling v. Heirs of Bond, 345 Conn. 119, 143 , 282 A.3d 1201 (2022). ‘‘It is sufficient if there is an adverse possession con- tinued uninterruptedly for fifteen years whether by one or more persons. . . . [T]he possession [however] must be connected and continuous . . . .’’ (Internal quotation marks omitted.) Har v. Boreiko, 118 Conn. App. 787, 799 , 986 A.2d 1072 (2010). ‘‘If one party’s period of use or possession is insufficient to satisfy the fifteen year requirem 2024Such a posses- sion is not to be made out by inference, but by clear and positive proof.’’ (Internal quotation marks omitted.) Dowling v. Heirs of Bond, 345 Conn. 119, 143 , 282 A.3d 1201 (2022). ‘‘It is sufficient if there is an adverse possession con- tinued uninterruptedly for fifteen years whether by one or more persons. . . . [T]he possession [however] must be connected and continuous . . . .’’ (Internal quotation marks omitted.) Har v. Boreiko, 118 Conn. App. 787, 799 , 986 A.2d 1072 (2010). ‘‘If one party’s period of use or possession is insufficient to satisfy the fifteen year requirem | 1 | 3 |
McBurney v. Cirillogreen2 sentences2009The defendant makes no claim on appeal with respect to that finding. 2 General Statutes § 47-37 provides: “No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by *192 the adverse use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen years.” 3 We note that “[i]f one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may ‘tack on’ the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a tran 2009The defendant makes no claim on appeal with respect to that finding. 2 General Statutes § 47-37 provides: “No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by *192 the adverse use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen years.” 3 We note that “[i]f one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may ‘tack on’ the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a tran | 1 | 3 |
Batte-Holmgren v. Commissioner of Public Healthgreen2 sentences2024See McBurney v. Cirillo, 276 Conn. 782, 813 , 889 A.2d 759 (2006), overruled on other grounds by Batte-Holmgren v. Commissioner of Public Health, 281 Conn. 277 , 914 A.2d 996 (2007). 2024See McBurney v. Cirillo, 276 Conn. 782, 813 , 889 A.2d 759 (2006), overruled on other grounds by Batte-Holmgren v. Commissioner of Public Health, 281 Conn. 277 , 914 A.2d 996 (2007). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mulle v. McCauley
green
2 sentences2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of 2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of | 2 | 2025–2025 |
Lisiewski v. Seidel
green
2 sentences2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of 2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of | 2 | 2025–2025 |
Mitchell v. Medical Inter-Insurance Exchange
green
2 sentences2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of 2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of | 2 | 2025–2025 |
Mulle v. McCauley
green
2 sentences2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of 2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of | 2 | 2025–2025 |
Supronowicz v. Eaton
green
2 sentences2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of 2025If one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may tack on the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights.’’ (Citation omitted; inter- nal quotation marks omitted.) Supronowicz v. Eaton, 224 Conn. App. 66, 75 , 312 A.3d 100 , cert. denied, 349 Conn. 904 , 312 A.3d 1057 (2024). ‘‘It is well established that one claiming title to real property by adverse possession must prove by clear and positive evidence each element of | 2 | 2025–2025 |
Marquis v. Drost
green
2 sentences1997Marquis v. Dros , 155 Conn. 327 , 231 A.2d 527 (1967). 1997Marquis v. Dros , 155 Conn. 327 , 231 A.2d 527 (1967). | 2 | 1995–1997 |
Har v. Boreiko
green
2 sentences2024Such a posses- sion is not to be made out by inference, but by clear and positive proof.’’ (Internal quotation marks omitted.) Dowling v. Heirs of Bond, 345 Conn. 119, 143 , 282 A.3d 1201 (2022). ‘‘It is sufficient if there is an adverse possession con- tinued uninterruptedly for fifteen years whether by one or more persons. . . . [T]he possession [however] must be connected and continuous . . . .’’ (Internal quotation marks omitted.) Har v. Boreiko, 118 Conn. App. 787, 799 , 986 A.2d 1072 (2010). ‘‘If one party’s period of use or possession is insufficient to satisfy the fifteen year requirem 2024Such a posses- sion is not to be made out by inference, but by clear and positive proof.’’ (Internal quotation marks omitted.) Dowling v. Heirs of Bond, 345 Conn. 119, 143 , 282 A.3d 1201 (2022). ‘‘It is sufficient if there is an adverse possession con- tinued uninterruptedly for fifteen years whether by one or more persons. . . . [T]he possession [however] must be connected and continuous . . . .’’ (Internal quotation marks omitted.) Har v. Boreiko, 118 Conn. App. 787, 799 , 986 A.2d 1072 (2010). ‘‘If one party’s period of use or possession is insufficient to satisfy the fifteen year requirem | 1 | 2024–2024 |
Dowling v. Heirs of Bond
green
1 sentence2024Such a posses- sion is not to be made out by inference, but by clear and positive proof.’’ (Internal quotation marks omitted.) Dowling v. Heirs of Bond, 345 Conn. 119, 143 , 282 A.3d 1201 (2022). ‘‘It is sufficient if there is an adverse possession con- tinued uninterruptedly for fifteen years whether by one or more persons. . . . [T]he possession [however] must be connected and continuous . . . .’’ (Internal quotation marks omitted.) Har v. Boreiko, 118 Conn. App. 787, 799 , 986 A.2d 1072 (2010). ‘‘If one party’s period of use or possession is insufficient to satisfy the fifteen year requirem | 1 | 2024–2024 |
American Trading Real Estate Properties, Inc. v. Town of Trumbull
green
2 sentences2011“It is well established that ‘[t]itle to realty held in fee by a state or any of its subdivisions for a public use cannot be acquired by adverse possession.’ ” American Trading Real Estate Properties, Inc. v. Trumbull, 215 Conn. 68, 77 , 574 A.2d 796 (1990). 14 Because the defendants did not purchase the property until 1991, they must “tack on” their adverse possession of the contested littoral area with that of Morgan, their predecessor in title, in order to satisfy the fifteen year requirement set forth in § 52-575. 2011“It is well established that ‘[t]itle to realty held in fee by a state or any of its subdivisions for a public use cannot be acquired by adverse possession.’ ” American Trading Real Estate Properties, Inc. v. Trumbull, 215 Conn. 68, 77 , 574 A.2d 796 (1990). 14 Because the defendants did not purchase the property until 1991, they must “tack on” their adverse possession of the contested littoral area with that of Morgan, their predecessor in title, in order to satisfy the fifteen year requirement set forth in § 52-575. | 1 | 2011–2011 |
Swenson v. Dittner
green
2 sentences2009The essential elements are a use which is open, visible, continuous and uninterrupted for fifteen years and made under a claim of right.” (Citations omitted.) Swenson v. Dittner, 183 Conn. 289, 294 , 439 A.2d 334 (1981). 2009The essential elements are a use which is open, visible, continuous and uninterrupted for fifteen years and made under a claim of right.” (Citations omitted.) Swenson v. Dittner, 183 Conn. 289, 294 , 439 A.2d 334 (1981). | 1 | 2009–2009 |
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.