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- Newsgroups: misc.legal
- Path: sparky!uunet!cs.utexas.edu!uwm.edu!linac!uchinews!ellis!thf2
- From: thf2@ellis.uchicago.edu (Ted Frank)
- Subject: Re: Adverse Possession
- Message-ID: <1992Dec22.090521.1276@midway.uchicago.edu>
- Keywords: Sovereign
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago Computing Organizations
- References: <19486@smoke.brl.mil> <1h524fINNcbl@meaddata.meaddata.com> <19489@smoke.brl.mil>
- Date: Tue, 22 Dec 1992 09:05:21 GMT
- Lines: 26
-
- In article <19489@smoke.brl.mil> matt@smoke.brl.mil (Matthew Rosenblatt) writes:
- >In article <1h524fINNcbl@meaddata.meaddata.com> joem@meaddata.com
- >(Joe Mehrle) writes:
- >>In fact adverse possession is most often used against a
- >>state, particularly in wild forest areas. [Joe Mehrle]
- >
- >The original poster -- the fellow who is wondering whether he
- >can use adverse possession or easement by prescription against
- >City Hall -- would probably be interested in seeing case citations
- >illustrating this statement.
- >
- >>|> 2) Can one acquire an easement by prescription against the
- >>sovereign? [Matt Rosenblatt]
- >
- >>Yes, for the same reason above . . . [Joe Mehrle]
- >
- >Again, how about some cases where this has been done successfully?
-
- Well, one case where an exception was made for land held by a sovereign
- in its private capacity and not for public use is Hinckley v New York,
- 234 NY 309 (1922). There are undoubtably others, but there don't appear
- to be enough of them to prevent the prefacing "In general," etc.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-