The Watsons brought actions for ejectment, trespass, quiet title and the establishment of an easement by prescription against the Menses regarding parcels of farmland. The trial court found in favor of the Watsons. The trial court’s judgement as to ejectment damages is reversed. The trial court is required to enter a more definite legal description of the new borderline between the party’s par... More...   $0 (11-17-2009 - MO)

When William Rodgers sold Lot 53-A in Ketchikan to Marvin and Arlene Lani Davis in 1984, he reserved an easement1 across that lot to access the adjacent lot, Lot 52, which he apparently had hoped to buy at a future date. But Rodgers never used the easement to access the adjacent property, and the Davises planted a garden covering most of the easement area and built a greenhouse within the easement... More...   $0 (11-06-2009 - AK)

Defendants appeal from a judgment declaring plaintiffs to be the owners of a strip of property based on the trial court's conclusion that plaintiffs had established a boundary agreement or adverse possession of the property by clear and convincing evidence. As part of its judgment, the trial court also awarded plaintiffs damages and allowed reasonable attorney fees. Defendants contend that the t... More...   $0 (10-14-2009 - OR)

David Nielsen and his wife Tricia brought this action against Guy Gibson, in his capacity as executor of the estate of Bettyan Gayl Bender (Gayl), and her heirs to quiet title to property adjacent to the Nielsen home (the property, or the subject property). Following an unreported court trial, the court found the Nielsens had established they had acquired the subject property through adverse posse... More...   $0 (10-13-2009 - CA)

¶1 Two issues are presented on certiorari. The first of these is whether the replacement of a sewer pipeline constitutes an "improvement to real property" within the meaning of the statute of repose in 12 O.S. 2001 § 109.1 We answer that question in the affirmative. The second issue is whether the invoked statute of limitations in 12 O.S. 2001 § 952 may be enlarged by the discovery rule.3 To th... More...   $0 (09-22-2009 - OK)

This dispute centers around a 3.38-acre parcel of coastal land in the Turnagain area of Anchorage. Prior to the 1964 Alaska Earthquake, this parcel consisted of a steep, eroding bluff and tidal mudflats. The powerful earthquake collapsed the bluff, spreading it out over the mudflats and transforming the once unusable parcel into gently sloping, potentially developable coastal property. Uncertainty... More...   $0 (09-18-2009 - AK)

Dale and Carol Worm appeal from an order granting summary judgment to John and Laurie Ramich and Scott and Carrie Kingston (collectively, Ramiches) in the Ramiches’ action for a declaratory judgment to void documents the Worms filed with the Waushara County Register of Deeds asserting ownership of a four-foot by fourteen-foot strip of land along Little Silver Lake, and an injunction to prevent t... More...   $0 (09-10-2009 - WI)

Plaintiffs brought this action for interference with easement, alleging that defendants had blocked their access to a driveway easement across defendants' property in Deschutes County. Defendants responded with counterclaims alleging that the easement had been extinguished either by abandonment or by adverse possession. The trial court ruled in defendants' favor on both counterclaims and entered... More...   $0 (09-09-2009 - OR)

Affirmed on appeal; on cross-appeal, reversed and remanded for modification of judgment so as to permit PacifiCorp's upgrade of electrical transmission lines and to permit vehicular access to easement over plaintiffs' driveway in event of an emergency, with proviso that PacifiCorp shall pay costs to repair any damage caused by its vehicles.

ORTEGA, J.

This is a dispute over electrica... More...   $0 (09-09-2009 - OR)

This is a dispute over the ownership of a parcel of timber property located in Columbia County. Plaintiffs contend that they acquired the property by deed. Defendants contest plaintiffs' reading of their deed and contend that it was defendants who actually acquired the property by deed from a common grantor. In the alternative, defendants contend that they acquired the property, if not by deed,... More...   $0 (09-09-2009 - OR)

Thomas Morris appeals from the judgment of the trial court that quieted title to a 0.74 acre parcel of real property (“Property�) on Lehman’s Island in St. Charles County, Missouri in favor of Jennifer Knox and Chris Kohlmeyer. We reverse and remand.

Jennifer Knox and Chris Kohlmeyer filed a petition to quiet title to the Property on September 30, 2004. They alleged that there were ... More...   $0 (09-01-2009 - MO)

Plaintiffs appeal following the trial court's entry of summary judgment in favor of defendant. Plaintiffs, who are owners of real property in Douglas County, Oregon (the Wolf property), brought this action against defendant, claiming a prescriptive easement that would allow them to continue to use the private crossing over defendant's railroad tracks that intersect their land. They also sought d... More...   $0 (08-12-2009 - OR)

Roger Ball and Carrol E. Rose, L.L.C. (“Plaintiffsâ€�) are the owners of a tract of real property adjacent to several tracts of real property owned by Bruce McDowell, Darren Buchanan, Cameron Buchanan, Brayden Buchanan, Penny Caylor, Gary Estes, Bryan Keith Brock, and James Yonts (“Defendantsâ€�). The deeds to both Plaintiffs’ and Defendants’ tracts granted Plaintiffs a fifty-foot easement... More...   $0 (08-09-2009 - TN)

[¶1] Paul F. and Angeline A. Garland appeal from a judgment entered in the Superior Court (Hancock County, Cuddy, J.) following a jury verdict on their claim for professional negligence against attorney Peter R. Roy and the law firm of Roy, Beardsley, Williams & Granger, LLC (collectively, Roy). The Garlands contend, inter alia, that the court erred by entering a judgment as a matter of law again... More...   $0 (08-06-2009 - ME)

The respondents, David Muskopf and Mary Allain, appeal an order of the Superior Court (Houran, J.) ruling that an easement, benefiting non-waterfront property owned by petitioners Richard and Susan Mansur, extends onto the shoreline of their property along Lake Winnipesaukee. We affirm.

The following facts were recited in the trial court’s orders or appear in the record. This appeal inv... More...   $0 (08-05-2009 - NH)

[¶1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand.

Background

[¶2.] James Swaby, et al... More...   $0 (07-08-2009 - SD)

Plaintiffs, Viola and Virgil Eichner, brought an action to quiet title to a strip of real property in Clackamas County. The trial court found plaintiffs to be the owners of the property through adverse possession. On appeal, defendants contend that the court erred in determining that plaintiffs' occupation of the disputed land met the requirements for adverse possession and that, even if it did,... More...   $0 (07-08-2009 - OR)

This case came before the Supreme Court on May 6, 2009. The defendant, Stephen T. Lawrence (defendant or Lawrence), and the plaintiffs, William A. Hilley and Toni Lynn Hilley (collectively plaintiffs or Hilleys), own adjacent undeveloped lots in a subdivision in the Town of Tiverton.2 The plaintiffs claimed that the defendant does not have the right to pass over their land to gain access to his pr... More...   $0 (06-22-2009 - RI)

[¶1] Robert W. Britton and Eleanor F. Britton appeal from a judgment of the Superior Court (York County, Brennan, J.) denying their request for equitable relief and damages for what they allege to be an infringement of their riparian rights by their neighbors, Daniel P. Donnell and the Trustees of the Donnell Realty Trust (Donnells), who own and operate two wharves, one of which extends forty-eig... More...   $0 (06-18-2009 - ME)

This case came before the Supreme Court on December 2, 2008, on an appeal by some, but not all, of the defendants from a Superior Court decision and judgment that adopted the findings and recommendations of the courtappointed special master in an action seeking declaratory and injunctive relief over a disputed location of a platted but undeveloped street in the Town of Barrington. This Court issue... More...   $0 (06-10-2009 - RI)

Albert O. Freeman is again before this Court, in reference to a 1.3-acre tract of land near Lake Cherokee. The bounds of that property were finally determined in an opinion by this Court in which we affirmed a jury finding that Freeman had adversely possessed the property. As a part of that judgment, the boundary of the property and its ownership were specifically determined and locations specifi... More...   $0 (06-05-2009 - TX)

In this declaratory judgment action, South Carolina Municipal Insurance and Risk Financing Fund (Insurer) appeals the circuit court’s order finding the Insurer had a continuing duty to defend the City of Hartsville (City) and ordering it to pay the City the costs it incurred from having to defend against a suit brought by a Hartsville landowner. Pursuant to Rule 204(b), SCACR, this Court certif... More...   $0 (05-18-2009 - SC)

Appellant Janet Lou Douglass, pro se, appeals the trial court=s take-nothing judgment on her claim for trespass against Appellees Gilberto C. Torrez and Ercilia J. Torrez.[2] We affirm.

Background

Douglass sued the Torrezes in October 2006 for Atrespass of title,@ trespass to real property Awith intent to assault,@ and intentional inflicti... More...   $0 (04-30-2009 - TX)

Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defend... More...   $0 (04-24-2009 - OK)

Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defen... More...   $0 (04-24-2009 - )