Adverse Possession. Tenant shall not suffer or permit the Premises, or any portion thereof, to be used without restriction or in such a manner as might reasonably tend to impair Landlord's title to the Premises or in such manner as might reasonably make possible claims of adverse usage or adverse possession, or of implied dedication of the Premises or any portion thereof.
Adverse Possession. Tenant shall not suffer or permit the Demised Premises or the Common Elements or any portion thereof to be used by the public or any Person without restriction or in such manner as would, with the lapse of time, impair title to the Demised Premises or the Common Elements or any portion thereof, or create the basis for a legitimate claim or claims of adverse usage or adverse possession by the public, as such, or any Person, or of implied dedication of the Demised Premises or the Common Elements, or any portion thereof.
Adverse Possession. Tenant shall not use, suffer or permit the Leased Premises or any portion thereof to be used by Tenant, any third party or the public, in a manner as might reasonably tend to impair Landlord's title to the Leased Premises or any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or third persons, or of implied dedication of the Leased Premises or any portion thereof or which might create the basis for a claim for prescriptive easement or right of way on or through the Leased Premises by the public, as such, or any third party. Nothing contained herein and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, power or permission to do any act or make any agreement that may create, give rise to or be the foundation for any such right, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Leased Premises.
Adverse Possession. Adverse possession requires that a party be in possession of a property in a manner that is (a) hostile, (b) exclusive, (c) continuous, (d) open and notorious, (e) for the statutory period of time. Hostility means that the property was occupied without the true owner’s permission. Exclusive means that others were excluded from the property. Open and notorious means that the property was occupied in a way that would put the true owner on notice of the possession. Finally, the statutory period was 10 years in this case. If the possessor of property did occupy the property themselves for the statutory length of time, they can still establish adverse possession by showing that adding together their predecessors in interest was sufficient time for adverse possession. This is called tacking. Xxx will argue that even if he did not receive the deed through valid conveyances he owns the property by right of adverse possession. Even though this is a summer home and possession was not truly continuous, this will not bar adverse possession. A party must occupy the land in the manner which it was intended to be occupied. Thus, if it is a summer vacation home, then occupying it only in the summer months for the purpose of vacation is sufficient. Further, the occupation was hostile, meaning without permission. It was also open and notorious, the fact that the families were there is sufficient to put the true owners on notice. Finally, Xxx can use tacking to establish that the adverse possession was for a sufficient period of time. Xxxx occupied the land from the summer of 1988 through 1996. It was then conveyed to Xxx, who occupied it in the xxxxxxx of 1997 through 1999. When you add Xxx’s occupation with that of his predecessor in interest Xxxx, then this equals 11 years. Since the statutory period is ten years, this is sufficient to establish adverse possession.
Adverse Possession. If Xxx acquired the property by adverse possession, Xxxxxx did not own it because of an invalid conveyance or the destructibility of contingent remainders, then his title is not marketable. As stated above, title acquired by adverse possession is not marketable unless a suit has been brought to quiet title. Because there is no evidence that such a suit occurred, if Xxx did acquire by adverse possession, Xxxx is correct in claiming that he does not have marketable title. Specific Performance Specific performance is available when (a) there is a valid contract, (b) all conditions have been met, (c) legal remedies are inadequate, (d) there is a mutuality of remedies, and (e) the other party has no defenses. Here, there does appear to be a valid contract. Further, it would seem that all conditions have been met because Xxx acquired title by valid conveyance. However, if Xxx acquired title by adverse possession or did not acquire title at all, then the condition of providing marketable title at closing would not have occurred. Further, legal remedies are inadequate because this is land. One of the primary reasons that legal remedies are seen to be inadequate is if the property is unique such that damages would be insufficient. Land is by definition unique and thus legal remedies are inadequate here. Additionally, there must be mutuality of remedies. Courts have begun to abandon this requirement, holding that if there isn’t mutuality of remedies, then the court will hold specific performance until the other party performs. Finally, it would not appear that Xxxx has any defenses here. Thus, so long as Xxx does have marketable title for the reasons discussed above, he would prevail in his suit. Although traditionally only the buyer could require specific performance, modem jurisdictions grant that right to both the buyer and the seller. Therefore, assuming Xxx does win the underlying suit, he has the right to compel specific performance.
Adverse Possession. 17 23. SURRENDER, HOLDOVER.................................................. 18 24. DEFAULTS - REMEDIES.................................................. 18 24.1 Tenant Events of Default........................................ 18
Adverse Possession. 18 ARTICLE XIV EST0PPEL CERTIFICATE
Adverse Possession. 27 32. CONDITION OF TITLE AND OF PREMISES. . . . . . . . . . . . . . . 28 33.
Adverse Possession. 46. In relation to their position relative to adverse possession, the First, Second and Third Defendants pleaded as follows: “The Claimant’s title in land has become extinguished by virtue of the uninterrupted continuous adverse possession of the 1st and/or 2nd and or 3rd Defendants for over 16 years (hereinafter referred to as “the Principal Defendants”). The Principal Defendants have continuously occupied and maintained the said property in or before 2002, the particulars of which are furnished hereunder…”
Adverse Possession. 9 10.7 INSOLVENCY................................................ 9 10.8
