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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, October 17, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide practitioners through the process of bringing and defending adverse possession claims, providing practical instruction and litigation strategies. The panel will discuss how to determine when an adverse possession claim is necessary. The panel will also address defenses and offer best practices for helping clients prevent adverse possession claims.

Faculty

Lawrence S. Glosser
Partner
Ahlers & Cressman, PLLC

Mr. Glosser’s primary focus is real estate, business, and corporate law.  His practice combines transaction and litigation. He has been actively involved in the real estate industry as a broker, manager, developer and attorney since 1978. Mr. Glosser is thoroughly familiar with all aspects of real estate transactions and financing. He brings his entrepreneurial experience to the practice of law, enabling him to understand both the legal and business issues presented in each transaction. As an attorney, he assists clients with understanding and evaluating legal issues associated with business transactions, enabling clients to analyze risk, and make informed business decisions. Mr. Glosser is a frequent speaker on a variety of real estate topics, both locally and nationally.

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Paul Golden
Of Counsel
Hannum Feretic Prendergast & Merlino, LLC

Mr. Golden has worked for 25 years in the field of appellate practice, insurance litigation, real estate litigation, commercial litigation, and personal injury defense.  He has handled over 60 appeals, including two successful cases before the New York Court of Appeals.  Mr. Golden has taught numerous CLE classes on litigation, and is the author of two books on litigation: Litigating Adverse Possession Cases, published by the ABA in 2024, and Litigating Constructive Trusts, published by the ABA in 2022. 

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Description

Adverse possession allows a non-owner of real property to take legal title to the property away from the owner under certain circumstances. For current property owners who may have had plans for their property or for new property owners inadvertently purchasing land that could be subject to an adverse possession claim, the impact of such a claim can be devastating.

Most jurisdictions require certain common elements to make an adverse possession claim including: (1) actual possession; (2) open and notorious; (3) hostile; (4) exclusive; and (5) continuous. However, jurisdictions also have unique requirements of which counsel should be aware.

Counsel should also understand defenses to adverse possession claims and how to help clients mitigate the risk of such claims.

Listen as our expert panel guides practitioners through the process of litigating adverse possession claims with practical instruction and litigation strategies for plaintiff and defense counsel. The panel will discuss claim elements common to most jurisdictions while examining notable jurisdictional differences and providing case law examples. The panel will also discuss defenses to adverse possession claims and best practices for avoiding a claim.

Outline

  1. Introduction
    1. Overview of adverse possession
    2. Impact on property transfer and use of property
    3. When to bring an adverse possession claim
  2. Adverse possession claims and litigation strategies
    1. Elements
      1. Actual possession
      2. Open and notorious
      3. Hostile
      4. Exclusive
      5. Continuous
      6. Additional jurisdictional elements and examples
    2. Evidentiary bar
    3. Defenses
    4. Remedies
  3. Best practices for helping clients prevent adverse possession claims
  4. Practitioner takeaways

Benefits

The panel will review these and other key considerations:

  • What are the elements required to make adverse possession claims that are common to most jurisdictions?
  • What are unique jurisdictional elements required to demonstrate adverse possession? Case law and statutory examples?
  • Under what circumstances should a party consider making an adverse possession claim?
  • What are defenses to an adverse possession claim?
  • What are best practices for helping clients mitigate the risk of having an adverse possession claim made against them?