land claim (Rhode Island) · Go Syfert
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land claim in Rhode Island

11 Rhode Island opinions name it 2 courts 1968–2012 0 in the last five years

The cases below were cited by Rhode Island 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 (4)

CaseFollowedCited
Sherman v. Goloskiegreen
ri · 1963 · cited in 5 Rhode Island opinions naming this issue, 1983–2012
2 sentences

2012Though mindful that constant “[y]ear-round occupation is not required to prove actual and continuous possession[,]” this Court does not view the continuity of Drescher’s “possession [as] sufficient to signal the true owner of the land that a claim of title contrary to his own [was] being asserted.” Lee v. Raymond, 456 A.2d 1179, 1183 (R.I.1983) (citing Sherman v. Goloskie, 95 R.I. 457, 465 , 188 A.2d 79, 83 (1963)).

2012Though mindful that constant “[y]ear-round occupation is not required to prove actual and continuous possession[,]” this Court does not view the continuity of Drescher’s “possession [as] sufficient to signal the true owner of the land that a claim of title contrary to his own [was] being asserted.” Lee v. Raymond, 456 A.2d 1179, 1183 (R.I.1983) (citing Sherman v. Goloskie, 95 R.I. 457, 465 , 188 A.2d 79, 83 (1963)).

35
Lee v. Raymondgreen
ri · 1983 · cited in 3 Rhode Island opinions naming this issue, 1992–2012
2 sentences

2012Though mindful that constant “[y]ear-round occupation is not required to prove actual and continuous possession[,]” this Court does not view the continuity of Drescher’s “possession [as] sufficient to signal the true owner of the land that a claim of title contrary to his own [was] being asserted.” Lee v. Raymond, 456 A.2d 1179, 1183 (R.I.1983) (citing Sherman v. Goloskie, 95 R.I. 457, 465 , 188 A.2d 79, 83 (1963)).

1996“Additionally, the continuity of the possession must be sufficient to signal the true owner of the land that a claim of title contrary to his own is being asserted.” Id.

13
Walsh v. Cappucciogreen
ri · 1992 · cited in 1 Rhode Island opinions naming this issue, 2006–2006
1 sentence

2006"To establish adverse possession, claimants must show that their use of the land was sufficiently open and notorious to put a reasonable property owner on notice of their hostile claim." Travares, 814 A.2d at 352 ; see also Walsh v. Cappuccio, 602 A.2d 927 , 930 (R.I. 1992) ("`[C]ontinuity of the possession must be sufficient to signal the true owner of the land that a claim contrary to his own is being asserted.'").

11
Gammons v. Caswellgreen
ri · 1982 · cited in 1 Rhode Island opinions naming this issue, 1996–1996
1 sentence

1996The “notorious” and “openness” elements are established by a showing that “the claimant *898 goes upon the land openly and uses it adversely to the true owner.' The owner then becomes chargeable with knowledge of what is done openly on the land.” Gammons v. Caswell, 447 A.2d 361, 367 (R.I.1982).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Tramonti v. Zoning Board of Review of Cranston green
ri · 1961
2 sentences

1968I. 131, 172 A.2d 93 , an applicant for an exception failed to make any formal proof of its ownership of the land to which the exception would apply.

1968In Tramonti v. Zoning Board of Review, 93 R.I. 131 , 172 A.2d 93 , an application for an exception failed to make any formal proof of its ownership of the land to which the exception would apply.

21968–1968
Acampora v. Pearson green
ri · 2006
1 sentence

2008Based upon the testimony and the exhibits introduced, this Court cannot say there was a clear boundary line established by plaintiffs to demark the land they claim ownership of under either theory easement by prescription or adverse possession. cf. Acampora v. Pearson 899 A.2d 459 , 464 (R.I. 2006).

12008–2008
Tavares v. Beck green
ri · 2003
1 sentence

2006"To establish adverse possession, claimants must show that their use of the land was sufficiently open and notorious to put a reasonable property owner on notice of their hostile claim." Travares, 814 A.2d at 352 ; see also Walsh v. Cappuccio, 602 A.2d 927 , 930 (R.I. 1992) ("`[C]ontinuity of the possession must be sufficient to signal the true owner of the land that a claim contrary to his own is being asserted.'").

12006–2006
Kendall v. Selvaggio green
mass · 1992
2 sentences

2004However, this Court finds that this type of use is not "sufficient to signal the true owner of the land that a claim of title contrary to his own is being asserted." See Kendall v. Selvaggio, 413 Mass. 619 , 624, 602 N.E.2d 206 , 210 (Mass. 1992) (stating, "[a]cts of possession which are `few, intermittent and equivocal' do not constitute adverse possession"); see also Brouse v. Hauck, 34 Pa. D.

2004However, this Court finds that this type of use is not "sufficient to signal the true owner of the land that a claim of title contrary to his own is being asserted." See Kendall v. Selvaggio, 413 Mass. 619 , 624, 602 N.E.2d 206 , 210 (Mass. 1992) (stating, "[a]cts of possession which are `few, intermittent and equivocal' do not constitute adverse possession"); see also Brouse v. Hauck, 34 Pa. D.

12004–2004
Anthony v. Searle green
ri · 1996
1 sentence

2003The owner then becomes chargeable with knowledge of what is done openly on the land." A claimant makes a showing that the possession was "hostile" if a determination is made "that the possession of the occupier is to a visible line in all events regardless of the location of the true boundary line." 681 A.2d 892 , 897-898 (R.I. 1996) (citations omitted).

12003–2003

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 34-7-1 (4)

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

NC 61 (1918–2025) TX 38 (1892–2016) PA 20 (1846–2026) IL 18 (1896–2019) CA 13 (1859–2023) OH 13 (1961–2012) LA 12 (1919–2015) NY 12 (1891–2024) MO 12 (1894–2019) TN 11 (1945–2020) RI 11 (1968–2012) FL 11 (1894–2008) OK 10 (1921–2018) MA 9 (1902–2005) UT 9 (1921–2020) MS 9 (1885–2007) KS 8 (1896–2015) GA 8 (1900–1964) AR 8 (1907–2014) MD 7 (1927–2026) MI 7 (1893–2024) WA 7 (1923–2013) AL 7 (1937–2014) NJ 6 (1982–2020) IN 6 (1996–2025) OR 6 (1966–2023) WI 5 (1885–2026) ME 4 (1998–2025) MN 4 (1890–2026) WV 3 (1927–1954) IA 3 (1903–1940) AK 3 (1997–2009) HI 3 (1911–2025) NE 3 (1908–2021) VT 3 (1847–2013) CT 3 (1994–2011) KY 3 (1952–2008) NM 3 (1991–2004) ND 2 (1921–2014) DE 2 (2017–2019)

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.

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