Tag Archives: notice

Stokes v. Kummer – Case Review

Stokes v. Kummer is a case which reveals a divide different than most adverse possession cases. Instead of a dispute over a portion of land along the edge of two neighbors’ real property, this case regards ownership of land in its totality. As to the divide then, we have a conflict between people who have lived … Continue Reading

Open & Notorious’ Constructive Notice may be an Elemental ‘Surprise’ in Adverse Possession and Prescriptive Easement Cases

Open & Notorious is an extremely difficult element to understand and prove (and yes, despite the required burden – disprove) in Adverse Possession and Prescriptive Easement cases. In my humble opinion, much of this relates to an overall misunderstanding of the fact that this single element is actually two elements combined into one. I liken … Continue Reading