8 Virginia opinions name it 4 courts 1998–2026 2 in the last five years
The cases below were cited by Virginia 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 |
|---|---|---|
Hollander v. World Mission Church of Washington, D.C.green2 sentences2026However, the practical test is not “whether the possessor would have claimed title . . . had he not been mistaken as to the true boundary line called for in his chain of title,” but “[w]hether the positive and definite intention to claim as one’s own the land up to a particular and definite line on the ground existed.” Id. at 533 (alteration in original) (quoting Hollander v. World Mission Church, 255 Va. 440, 443 (1998)). 2024As in Hollander, Everett’s claim to the Triangle is not based solely on the description in the 1994 Deed, but also on her belief that the Everett Farm’s property line included the Triangle.4 As this case is more analogous to Hollander than to Chaney, we apply “the practical test” found in Hollander: “[w]hether the positive and definite intention to claim as one’s own the land up to a particular and definite line on the ground existed.” Id. | 2 | 4 |
Christian v. Bulbeckgreen2 sentences2014“Whether the positive and definite intention to claim as one’s own the land up to a particular and definite line on the ground existed, is the practical test in such cases.” Christian v. Bulbeck, 120 Va. 74, 111 , 90 S.E. 661, 672 (1916) (emphasis in original). 2014“Whether the positive and definite intention to claim as one’s own the land up to a particular and definite line on the ground existed, is the practical test in such cases.” Christian v. Bulbeck, 120 Va. 74, 111 , 90 S.E. 661, 672 (1916) (emphasis in original). | 2 | 4 |
Brown v. Mooregreen1 sentence2026However, the practical test is not “whether the possessor would have claimed title . . . had he not been mistaken as to the true boundary line called for in his chain of title,” but “[w]hether the positive and definite intention to claim as one’s own the land up to a particular and definite line on the ground existed.” Id. at 533 (alteration in original) (quoting Hollander v. World Mission Church, 255 Va. 440, 443 (1998)). | 1 | 1 |
City of Norfolk v. Hoffertgreen1 sentence2014Even if a party was operating under a mistaken deed description, the party can still intend to adversely possess property if he stakes his claim to a particular “line on the ground.” See, e.g., Hollander, 255 Va. at 443 , 498 S.E.2d at 421 (holding “the claimants in this case based their claim not only on the deed descriptions, but also on their belief that their property line ran to the line of woods”); City of Norfolk v. Hoffert, 66 Va. Cir. 390, 395 (Norfolk 2005). | 1 | 1 |
Schaubuch v. Dillemuthgreen2 sentences1998The collateral question whether the possessor would have claimed title, claimed the land as his own, had he believed the land involved did not belong to him, but to another, that is, had he not been mistaken as to the true boundary line called for in his chain of title, is not the proximate but an antecedent question, which is irrelevant and serves only to confuse ideas. 120 Va. at 110-11 , 90 S.E. at 672 ; see also, Schaubuch, 108 Va. at 91-92 , 60 S.E. at 747 ; 2 Frederick D.G. 1998The collateral question whether the possessor would have claimed title, claimed the land as his own, had he believed the land involved did not belong to him, but to another, that is, had he not been mistaken as to the true boundary line called for in his chain of title, is not the proximate but an antecedent question, which is irrelevant and serves only to confuse ideas. 120 Va. at 110-11 , 90 S.E. at 672 ; see also, Schaubuch, 108 Va. at 91-92 , 60 S.E. at 747 ; 2 Frederick D.G. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Goldberg v. Sweet
green
1 sentence2019Of the two, the external consistency requirement is the “more difficult.” Container Corp., 463 U.S. at 169 . “[T]he external consistency test is essentially a practical inquiry.” Goldberg, 488 U.S. at 264 . | 1 | 2019–2019 |
Container Corp. of America v. Franchise Tax Board
green
2 sentences2019Of the two, the external consistency requirement is the “more difficult.” Container Corp., 463 U.S. at 169 . “[T]he external consistency test is essentially a practical inquiry.” Goldberg, 488 U.S. at 264 . 2019To be constitutionally fair, “the factor or factors used in the apportionment formula must actually reflect a reasonable sense of how income is generated.” Container Corp., 463 U.S. at 169 . | 1 | 2019–2019 |
Hartless v. Commonwealth
green
2 sentences2015Hartless dealt with the practical requirement that a period of probation coincide with a term of a suspended sentence for enforceability purposes. 29 Va. App. at 175 , 510 S.E.2d at 740 . 2015Hartless dealt with the practical requirement that a period of probation coincide with a term of a suspended sentence for enforceability purposes. 29 Va. App. at 175 , 510 S.E.2d at 740 . | 1 | 2015–2015 |
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.
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.