Business Law - land law Case Study Example | Topics and Well Written Essays - 750 words

Business equity - land law - Case Study ExampleBy its very nature, a take everywhere of adverse possession is antipathetic to the guides of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to ones claim for possession of the real estate. A claim to title by adverse possession often must be made under warp of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a persons claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under chroma of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another persons Last pull up stakes and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate. Blacks Law (2006).Unknown to the owner, a third person - a squatter - may be in illegal and unauthorized occupation of a far command of the land parcel. If nothing is done to remove him, after a certain achievement of time the squatter may eventually acquire legal rights over the land parcel, or part of it. Further, questions may arise as to the relationship between the formal owner of the land parcel, often a male, and other family members. What interests, if any, do women and other members of the owners family hold in the land Hodgson (2004).Second, does he have a reason to believe that he has a right to be there and admit the land Hill Bob may have been given a helping of the land through title in a last entrust and testament. Third, how many years has he actually lived on the land Hill Bob would be able to claim adverse possession of a portion of the land if it were obvious that he could support that claim. In Colorado, the duration of such possession is seven (7) years if the claimant claims under color of title. If the claimant does not m ake his/her claim under color of title, the duration of possession is eighteen (18) years. Colorado Code 38-41-101, 108, 109. Fourth, has he ever been told by a previous owner that in supercede for work completed to the land, a portion of the land belonged to him in exchange For example in a different state, the person claiming must past three tests. Under the Limitations Act in Ontario, an owners title to land can be extinguished by the adverse possession of another person for a period of 10 years. In order for an adverse possession claim to succeed, the person claiming the disputed land must meet three tests. Throughout the entire 10-year period, he or she must havehad actual exclusive, open, and visible possession,had the intention to exclude the true owner from possession, and effectively excluded the true owner from possession. Aaron (2002)In summary, if Tim sued Hill bank bill and Hill Bill has been in possession of the