Search for: "Occupants of the Premises or Parties in Possession"
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22 Jun 2007, 2:00 pm
Ferrara,Just a quick note to let you know that both the New York State Senate and Assembly passed parallel bills to preclude a land claim by adverse possession when the claimant knows that another party owns the property. [read post]
19 Apr 2011, 4:43 pm
The claimant must prove: (1) possession under claim of right or color of title; (2) actual, open, and notorious occupation of the premises constituting reasonable notice to the true owner; (3) possession which is adverse and hostile to the true owner; (4) continuous possession for at least five years; and (5) payment of all taxes assessed against the property during the five-year period. [read post]
17 Jul 2023, 1:44 pm
Tahir v Aghri & Anor (claim for possession of residential premises) (2023) EW Misc 2 (CC) Another HHJ Luba KC judgment, this time in what started as a possession claim by a private landlord but went horribly wrong for him. [read post]
10 Jul 2009, 9:00 am
Due to the unambiguous wording of the parties' agreement, the AT1 rejected FFE's defense of "waiver" and it didn't agree blame for the inability to obtain a new certificate of occupancy could be shifted to the owner. [read post]
13 Jan 2013, 9:01 pm
A long occupancy can be problematic for the landlord, delaying or preventing landlord from re-letting its premises. [read post]
11 May 2014, 9:01 pm
According to the National Institute of Health, youth who begin drinking alcohol before age 16 are four times more likely to become dependent on alcohol than those who wait to begin drinking until age 21.If for some reason, the above statistics don’t scare those who furnish youth alcohol, or those who knowingly allow underage drinking at a property they own or control, the law should.Pursuant to Ohio Revised Code §4301.69(B); Ohio’s “Social Host Law”:… [read post]
14 Nov 2013, 11:10 am
The writ is a legal document that puts the owner into possession of the premises, and may operate in the same manner as a warrant of eviction. [read post]
16 Apr 2020, 8:19 am
This summary procedure is an expedited process to determine the right to possession of the premises promptly without the necessity of deciding all other issues between the parties. [read post]
16 Apr 2020, 8:19 am
This summary procedure is an expedited process to determine the right to possession of the premises promptly without the necessity of deciding all other issues between the parties. [read post]
16 Apr 2020, 8:19 am
This summary procedure is an expedited process to determine the right to possession of the premises promptly without the necessity of deciding all other issues between the parties. [read post]
7 Oct 2015, 7:47 pm
To the contrary, the credible testimony reasonably suggested that Petitioners acquiesced to her occupancy and she continues to have exclusive possession. [read post]
1 Dec 2021, 4:49 am
On the particular facts of the case and because the lease defined ‘beneficial occupation’ as “the physical possession and control of the leased premises” and the circumstances were that the lessee had sublet and had itself not for some time prior to the lockdown occupied the leased premises and was not in physical possession or control, that the lessee was not entitled to claim rental remission. [read post]
27 Jan 2016, 3:30 pm
Many times, there may be occupants who lived in the apartment with a decedent. [read post]
28 Mar 2007, 10:00 am
” The AD noted that without a “claim of right,” the mere use and occupancy of property for an extended period of time, is insufficient to trigger ownership by adverse possession. [read post]
5 Aug 2014, 12:52 pm
The occupation of a marital home by a wife is not possession existing by virtue of the permission of her husband. [read post]
28 Aug 2014, 12:47 pm
The occupation of a marital home by a wife is not possession existing by virtue of the permission of her husband. [read post]
25 Aug 2021, 1:12 pm
The parties were represented by the same counsel on the appeal as in the first instance hearing. [read post]
11 Nov 2013, 3:55 pm
All of the tenants who testified were in occupancy and there was no evidence that any tenant had vacated or abandoned the premises as a result of the conditions about which they complained. [read post]
9 Jan 2017, 10:12 pm
"When the party to be evicted is subject to a tenant-at-sufferance clause and the party seeking possession purchased the property at a foreclosure sale and gave proper notice requiring the occupants to vacate the premises, defects in the foreclosure process are not relevant to possession. [read post]
17 Jan 2008, 10:01 am
The parties in that case agreed that the premises "will be delivered vacant and clean, free of all personalty, tenancies and occupancies. [read post]
