...the property via adverse possession. Neither party can remember when the fence was put up or what was done with that space prior to the fence being put up. Both parties agree that the fence has been up for “several” years. Issue The issue is who has the burden of proof when it comes to ownership of property. Applicable Law In the case of Hofka v. Hanson, 2013-Ohio-1285 (Ohio Ct. App., Ashtabula County Mar. 29, 2013) Appellants filed a complaint alleging appellees wrongfully claimed title to certain land beyond an old tract line. The Ashtabula County Court of Common Pleas granted summary judgment to appellees and dismissed the appellants’ claim of adverse possession finding that appellants could not provide evidence that they possessed the disputed property with hostility or exclusivity. The law on adverse possession in Ohio states that to succeed in acquiring title by adverse possession, a claimant had to show exclusive possession that was open, notorious, continuous, and adverse for 21 years. Failure of proof as to any of the elements resulted in failure to acquire title by adverse possession. Here the appellate court could not conclude that, as a matter of law, appellants failed to establish all of the elements of adverse possession. Looking at the case of BEBOUT v. PEFFERS, 1986 Ohio App. LEXIS 8030 (Ohio Ct. App., Knox County Aug. 18, 1986), you will also find that the burden of proof lies on the party claiming rights to property via adverse possession. Here, the appellant...
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...Adverse possession: Nolen v. Rase, 2013-Ohio-5680 (Ohio Ct. App., Scioto County Dec. 17, 2013) To acquire title by adverse possession, a party must prove, by clear and convincing evidence, exclusive possession and open, notorious, continuous, and adverse use for a period of twenty-one years. Nolen v. Rase, 2013-Ohio-5680, P9 (Ohio Ct. App., Scioto County Dec. 17, 2013) we readily conclude that ample evidence supports a finding of adverse possession for the requisite twenty-one years. Debra Rase testified that she and her husband maintained the land up to the fence line since they acquired the property in 1987. We readily acknowledge that Carl Nolen testified that he maintained his property on the other side of the boundary line after the fence's [**6] construction. However, the opposing witnesses disputed that assertion. [*P13] HN4A trial court, as the trier of fact, is free to believe all, some or none of the testimony of any witnesses. Nolen v. Rase, 2013-Ohio-5680, P12-P13 (Ohio Ct. App., Scioto County Dec. 17, 2013) we find no error in the trial court's ruling regarding the boundary of the two properties. Accordingly, we hereby overrule both of appellants' assignments of error and affirm the trial court's judgment. | The doctrine of acquiescence is applied in instances when adjoining land owners occupy their respective propereties up to a certain line and mutually recognize and treat that line as if it is the boundary that separates their properties...
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...feet of property that belong to her. So, she came to your firm to ask advice. Mildred has a deed that clearly shows that she received title to the 3 feet in question through a deed executed over 40 years ago. Cliff, of course, will argue that he acquired the 3 feet via adverse possession. Neither Cliff nor Mildred can remember exactly when the fence was put up and neither party can remember what was done with that space before the fence was put up. It is apparent that this case will come down to who has the burden to prove what because it's apparent that neither party can prove much of anything except that Mildred has her deed and all parties agree that the picket fence has been up for several years. Your supervising attorney asks you to draft an essay, citing relevant Ohio law where applicable, explaining who has the burden to prove what in this case and which party is likely to prevail. Please do so. Issue- The issue at hand is whether Cliff can prove adverse possession for the 3 feet of land in question under Ohio law against Mildred. Rule- Wechter v. Franklin, C.A. No. E-78-38, Court of Appeals of Ohio, Sixth Appellate District, Erie County, 1979 Ohio App. LEXIS 10401, August 24, 1979. In this case there were two property owners who were fighting over boundary lines and the title to the boundary line was found to be quieted to the owner who had color of title. The error in the property descriptions did not impair the marketability and the...
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...Running Head: End-of-Chapter Questions Case Review September 28, 2012 Assignment 47.1 The case of Buder v. Satore (1989) deals with gifts to minors and the duties of the custodian of those gifts. Respectfully, this case arose out of an action brought by respondent on behalf of Theodore Alexander and Cori Marie Buder, then minor children of Ms. Sartire Buder and ex-husband Alexander Buder. The mother filed an action against the father based on his alleged breach of the fiduciary duty he owed the couples minor children as the custodian of gift money they had received from a grandparent. The trial court found that the father had breached his fiduciary duty and assessed damages and attorney fees. The intermediate court affirmed and added attorney fees on appeal. The court’s held that: (1) the standard of care under the Uniform Gift to Minors Act (UGMA) and the Uniform Transfers to Minors Act (UTMA), Colo. Rev. Stat. §§ 11-50-101 - 11-50-126 (1987), is not the same as under the general trust laws, Colo. Rev. Stat. § 15-1-304 (1973), (2) a custodian is a fiduciary, (3) the statutes contain different standards and that the standards contained in the UGMA/UTMA apply exclusively to custodians, while the standard contained in Colo. Rev. Stat. 15-1-304 applies to other fiduciaries, (4) any error in assessing the standard of care was harmless because the trial court...
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...the New York and American stock exchanges. Buder also invested substantial sums of the children’s money in speculative penny stocks. The stocks were purchased in Buder’s name as custodian for the children, as required by the Uniform Gifts to Minors Act (UGMA). At one point, almost half of the children’s money was invested in penny stocks. All the penny stocks except one suffered substantial losses. Buder’s ex-wife, Sartore, sued him, alleging that he had breached his fiduciary duty owed to the children under the UGMA. She sought to recover the funds lost by Buder’s investment of the children’s funds in penny stocks. Who wins? Buder v. Sartore, 774 P.2d 1383, Web 1989 Colo. Lexis 227 (Supreme Court of Colorado) Who wins? Answer: In the case of Buder vs. Sartore it deals with gifts to minors and the duties of the custodian of those gifts. The mother (Ms. Sartore) filed an action against the father (Mr. Buder) based on his alleged breach of the fiduciary duty he owed the couples minor children as the custodian of the gift money they had received from a grandparent. The trial court finds that the father had breached his fiduciary duty and assessed damages and attorney fees. The intermediate court affirmed and added attorney fees on appeal. The court held that (1) the standard of care under the Uniform Gift to Minors Act (UGMA) and the Uniform Transfers to Minors Act (UTMA), Colo. Rev....
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...establish a status, a right, or a particular fact. CIVIL PROCEDURE CLASSIFICATION OF ACTIONS (A) As to nature ORDINARY ACTION Governed by rules. CIVIL ordinary SPECIAL CIVIL ACTION Also governed by ordinary rules but SUBJECT to specific rules prescribed (Rules 62 to 71). Special features not found in ordinary civil actions. RULE 1 GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]). Section 2. In what courts applicable Section 3. Cases governed ACTION CLAIM An ordinary suit in a A right possessed by one court of justice. against another. One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit. QuickT the prevention or redress ime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. of a wrong. APPLICABILITY: 1. Civil Action – one by which a party sues another for the enforcement or protection of a right or the...
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...IRAC; issue spotting; I. Land Acquisition – TWO or more people fighting over property A. Adverse possession: To constitute adverse possession, there must be actual possession which is uninterrupted, open and notorious, hostile and exclusive, and under a claim of right made in good faith for the statutory period. Possession for a statutory period of time can ripen into title. 1. Elements: COAH a. Actual Possession: Actual means that the possession must be such that the community would reasonably regard the adverse possessor as the owner; the possessor must show an actual entry that gives exclusive possession of the land and does not have the owner’s permission to be there. The possessor’s subjective state of mind is irrelevant. b. Uninterrupted: Continuity of possession may be established although the land is used regularly for only a certain period each year. It is not necessary that the occupant should be actually upon the premises continually. If the land is occupied during the period of time during the year it is capable of use, there is sufficient continuity. Thus, summer occupancy only of a summer beach home does not destroy the continuity of possession required. c. Open and Notorious: The acts of the adverse possessor are 'open and notorious' if they constitute reasonable notice to the owner that the adverse possessor is claiming ownership. d. Hostile and Exclusive: application of an objective test which...
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...Court Case Analysis of a Young Offender The Canadian public perception of youth crime is that it is growing out of control and that violence crime is common. Sensationalized media coverage, frustrated law enforcement officers and vote-seeking politicians, have tended to portray only parts of the overall reality of youth crime (John Howard Society, 2008). The government of Canada has evolved over the many years to deal with youth crime from installing the Juvenile Delinquency Act in 1908 all the way to the Youth Criminal Justice Act recently amended in 2012. What these acts have accomplished is the separation of youth and adult sentences (Stevenson, 2014). This was done in order to protect children because it is the belief in Canada that children are not responsible for their actions because of Doli incapax or the inability to do wrong. That being said there is still legislation in dealing with youth crime that is punishing and effective (Stevenson, 2014). This paper will analyze a court case decision made under the Youth Criminal Justice Act which involves a young offender who was convicted of a gang-related murder and breached Conditional Supervision Order (R. v. S.(M.), 2014). This court case will be analyzed using relevant research on youth gangs using concept of theories that apply to our young offender. In conclusion, this paper will discuss limitations of laws and possible alternatives that dealt with the young offender. A summary of R. v. S.(M.), the court based...
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...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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... 3. When discovery procedures are availed of, submit material portions of the discovery proceedings, previously undisclosed documents or facts, and judicial affidavits pertaining to the fruits of the discovery within sixty (60) days from the start of the discovery process [Section 22.3]. B. Judicial Dispute Resolution (“JDR”) 4. Exert efforts to settle the dispute amicably [Section 22.1(a)]. 5. If there is failure of JDR, discuss with the other party or counsel whether you intend the JDR judge to retain the case and preside over further proceedings [Section 22.2]. 6. File a joint written motion or manifestation requesting the court to retain the case, if mutually agreed upon by the parties [Section 22.2]. C. Judicial Affidavits 7. Request for the issuance of a subpoena ad testificandum or duces tecum if your intended witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or provide the relevant documentary and/or object evidence [Section 22.2(d)]. 8. If the court issues a subpoena as requested, personally serve the subpoena upon the intended witness and bear the cost of the expenses of the witness in appearing before the lawyer who will prepare or supervise the preparation of the judicial affidavit [Section 22.2(d)]....
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...bigger area specifically the premises in dispute. 6. That after some time of construction of the mosque Hindus started identifying the premises in dispute as exact birth place of Lord Ram or a place wherein exact birth place was situated. 7. That much before 1855 Ram Chabutra and Seeta Rasoi had come into existence and Hindus were worshipping in the same. It was very very unique and absolutely unprecedented situation that in side the boundary wall and compound of the mosque Hindu religious places were there which were actually being worshipped along with offerings of Namaz by Muslims in the mosque. 8. That in view of the above gist of the finding at serial no.7 both the parties Muslims as well as Hindus are held to be in joint possession of the entire premises in dispute. 9. That even though for the sake of convenience both the parties i.e. Muslims and Hindus were using and occupying different portions of the premises in dispute still it did not amount to formal partition and...
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...Standards for medicines management a We are the nursing and midwifery regulator for England, Wales, Scotland, Northern Ireland and the Islands. • We exist to safeguard the health and wellbeing of the public. • We set the standards of education, training and conduct that nurses and midwives need to deliver high quality healthcare consistently throughout their careers. • We ensure that nurses and midwives keep their skills and knowledge up to date and uphold the standards of their professional code. • We ensure that midwives are safe to practise by setting rules for their practice and supervision. • We have fair processes to investigate allegations made against nurses and midwives who may not have followed the code. b Standards for medicines management Introduction The Nursing and Midwifery Council (NMC) is the UK regulator for two professions: nursing and midwifery. The primary purpose of the NMC is protection of the public. It does this through maintaining a register of all nurses, midwives and specialist community public health nurses eligible to practise within the UK and by setting standards for their education, training and conduct. One of the most important ways of serving the public interest is through providing advice and guidance to registrants on professional issues. The purpose of this booklet is to set standards for safe practice in the management and administration of medicines by registered nurses, midwives and specialist community public health...
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...8/6/2014 Print Property: Personal, Intellectual, and Real Learning Objectives 11 After studying this chapter, you will be able to: 1. Distinguish between personal, intellectual, and real property. 2. Explain how personal property is acquired. 3. Discuss the definition and significance of bailments. 4. Define different types of tenancies in real property. 5. Discuss the concept of eminent domain. Ryan McVay/Photodisc/Thinkstock The concept of property and ownership is one that has long been important in both society in general and law in particular. English philosopher and political theorist John Locke saw it as "the reason why men enter into society," and Walter Lippmann, the American journalist, described it as "the only dependable foundation of personal liberty." Some have gone so far as to say that the main reason for law is to protect property rights. Even if one does not subscribe to such a narrow purpose, there is no doubt that the law is much concerned with property and rights of ownership. Property can be defined as the right of an individual to exclusively possess, use, and dispose of anything that is capable of being owned. Broadly speaking, property can be divided into three separate types: personal property, intellectual property, and real property. Personal property is characterized by its portable nature; it can be carried from place to place. Furthermore, personal property can be either tangible or intangible. Tangible personal property encompasses...
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...Draft for Discussion THE DRAFT NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011 I. Foreword II. Overview of the Draft Bill III. Text of the Draft Bill Ministry of Rural Development Government of India July 27th 2011 I. FOREWORD Infrastructure across the country must expand rapidly. Industrialisation, especially based on manufacturing has also to accelerate. Urbanisation is inevitable. Land is an essential requirement for all these processes. Government also needs to acquire land for a variety of public purposes. In every case, land acquisition must take place in a manner that fully protects the interests of land-owners and also of those whose livelihoods depend on the land being acquired. Under our Constitution, land is a State subject but land acquisition is a Concurrent subject. So far, the basic law governing the land acquisition process has been the Land Acquisition Act, 1894. Although it has been amended from time to time, it is painfully evident that the basic law has become archaic. Land markets in India are imperfect. There is asymmetry of power (and information) between those wanting to acquire the land and those whose lands are being acquired. That is why there has to be a role for the government to put in place a transparent and flexible set of rules and regulations and to ensure its enforcement. Land Acquisition and Rehabilitation and Resettlement (R&R) need to be seen necessarily as two sides of the same coin. R&R must always, in each...
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...the appointment by the court of one or more receivers. The Rules provide that receivership is proper in an action by the mortgagee for the foreclosure of a mortgage when it appears that the property is in danger of being wasted or dissipated or materially injured and that its value is probably insufficient to discharge the mortgage debt. (Sec. 1 of Rule 59). 2001 GEN TOPIC: WRIT May a writ of preliminary attachment be issued ex-parte? Briefly state the reason(s) for your answer. (3%) SUGGESTED ANSWER: Yes, an order of attachment may be issued ex-parte or upon motion with notice and hearing. (Sec. 2 of Rule 57) The reason why the order may be issued ex parte is: that requiring notice to the adverse party and a hearing would defeat the purpose of the provisional remedy and enable the adverse party to abscond or dispose of his...
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