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Tag Archives: Real Property

Real Property: Prescriptive Easement-Sufficiency of Evidence

Where appellant challenged the grant of a prescriptive easement for its property to respondent for ingress and egress, the evidence was sufficient to support the judgment even though the respondent had previously sought an easement from the appellant, and the ...

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Real Property: Partition Order-Survey

  Where a landowner challenged a judgment entered to enforce an earlier judgment that partitioned in kind several tracts of real property pursuant to the terms of a settlement agreement, the landowner’s first two points on appeal arguing that a ...

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Real Property: Adverse Possession-Removal of Fencing-Civil Contempt

Plaintiffs filed an adverse possession suit against defendants, who cross-claimed for adverse possession. The trial court concluded defendants had proven their claim for adverse possession and directed plaintiffs to remove themselves and any personal property from the parcel. The trial ...

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Real Property: Foreclosure-Failure to Join Necessary Party-Disqualification of Counsel

Defendant acquired a historic building and sought to restore it using state and federal tax credits; defendant retained the counsel of Winthrop & Weinstine to draft a tax-credit bond. Plaintiff later retained Winthrop to represent it in the financing of ...

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Real Property Law: Condemnation-Heritage Value-Recreational Trail

  Where a city challenged a judgment awarding heritage value to a family farm in a condemnation proceeding, the judgment is affirmed because in a case of first impression the trial court properly interpreted Section 523.039(3) to award heritage value ...

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