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Tag Archives: Adverse Possession

Civil Practice – New Trial Motion – Summary Judgment – Real Property – Adverse Possession – Co-Tenant Ouster (access required)

Young v. Young In a verified complaint and sworn affidavit, plaintiff alleged every element to sustain his claim of adverse possession/constructive ouster of his co-tenant, and defendant failed to offer any evidence to the contrary. N.C. R. Civ. P. 59 does not entitle defendant to a second bite at the apple after he stood silent in response to plaintiff’s motion for summary judgment. Defendant has failed to cite any specific abuse of discretion to support his argument that the trial court erred by denying his motion for a new trial.

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Real Property – Adverse Possession – Boundary Line – Shared Use – Clothesline – Well Water Sale – Unfair Trade Practices – Not ‘In Commerce’ (access required)

Wright v. Oakley Even though the disputed area between the parties’ lots contained a clothesline erected by plaintiffs and a utility pole marked with plaintiffs’ address, plaintiffs did not erect the utility pole, and the parties both used the clothesline.

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Squatters use ‘adverse possession’ law to claim homes   (access required)

Crest Properties had just bought a 3,100-square-foot house at 1614 Meadowlark Landing Drive in the Lawing Pond neighborhood in Charlotte, N.C. The subsidiary of Indianapolis-based Timberstone Homes had planned to renovate, and then sell, the 4-year-old home. With the home-construction industry suffering, Crest has been buying up unsold homes of other builders and fixing them up. The Meadowlark house was one of those purchases, and, after Crest bought it, the company gave the key to a contractor to start renovations. But when the contractor went to the home on August 30, an odd thing happened: The key wouldn’t work, said Curtis McCurry, division manager for the Charlotte office of Timberstone.

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Real Property – Adverse Possession – Reference – Jury Trial Demand – Exclusivity & Hostility (access required)

Rushing v. Aldridge Where plaintiffs relied on an erroneous survey and placed a fence on defendants’ property, but defendants continued to use a boat ramp on plaintiffs’ side of the fence, there are jury questions as to whether plaintiffs adversely possessed defendants’ land. Defendants preserved their right to a jury trial after the trial court referred the matter to a referee. Both parties presented sufficient evidence to go to a jury on the question of adverse possession. We affirm the trial court’s denial of defendants’ motion for summary judgment, but we reverse the order confirming the referee’s report and granting partial summary judgment to plaintiffs.

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Real Property – Adverse Possession – Color of Title – Deed Delivery Date – Partition Action (access required)

White v. Farabee Even though the deeds under which respondents claim color of title were dated more than seven years before petitioner filed this partition action, there was uncontroverted evidence that the deeds were signed less than seven years before petitioner filed this action; therefore, respondents cannot rely on those deeds to prove their adverse possession of the land at issue under color of title.

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