Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Real Property Law
Tenants In Common Failed to Establish Claim of Right Element of Adverse Possession Claim
Rizzo v. Romero 2024 WL 1559068 AppDiv, First Dept. (memorandum opinion)
In an action by tenants in common for a judgment declaring that they own a 50% interest in disputed property, plaintiff tenants in common appealed from Supreme Court's dismissal of the complaint and denial of their cross-motion for leave to amend their complaint. The Appellate Division reversed and denied the motion to dismiss, holding that defendant tenants in common failed to establish as a matter of law the "claim of right" element of their adverse possession claim.
Plaintiffs are the personal representatives of the estates of heirs of one of two parties who acquired title as tenants in common by a 1974 deed. By virtue of that deed, the two parties each acquired a 50% interest to the property. Defendants trace their title to the other of the two tenants in common. In 1999, the executor of a successor in interest to that tenant in common purported to sell a 100% interest in the property to a third party. That third party then purported to convey a 100% interest to yet another party, in 2000, and two more deeds purporting to flip a 100% interest in the property were executed and recorded by 2004, when the current defendant tenant in common acquired a deed. Current defendant tenant in common has been managing the three-family residence on the property since that time, collecting rents on the premises and expending money on renovations and maintenance. In 2022, plaintiff cotenants brought this declaratory judgment action, and defendant cotenants moved to dismiss, contending that they had acquired title to 100% of the property by adverse possession. Supreme Court granted their motion, and plaintiff cotenants appealed.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.