Standard of Review for Adverse Possession
"The essential elements of adverse possession are that the owner shall be ousted from possession and kept out uninterruptedly for fifteen years under a claim of right by an open, visible, notorious, and exclusive possession of the claimant without license or consent of the owner. . . . Adverse possession must be proven by the claimant . . . by clear and convincing evidence." (Citations omitted; internal quotation marks omitted.) Gemmell v. Lee, 59 Conn. App. 572, 578 (2000) citing Kramer v. Petisi, 53 Conn. App. 62, 67; cert. denied, 249 Conn. 919 (1999).
A use made under a claim of right is a use made "without recognition of the rights of the owner of the servient tenement. The use must occur without license or permission and must be unaccompanied by recognition of [the right of the owner of the servient tenement] to stop such use. . . . The claim of right requirement serves to ensure that permissive uses will not ripen into easements by prescription by requiring that the disputed use be adverse to the rights of the owner of the servient tenement." (Citation omitted; internal quotation marks omitted.) Faught v. Edgewood Corners, Inc., 63 Conn. App. 164, 170 (2001) citing Crandall v. Gould, 244 Conn. 583, 590-91 (1998).
"The Defendant must also prove that his use of the land was exclusive. This means that the possession by the Defendant was not shared with the Plaintiff's predecessors in title or anyone else for that matter. The requisite of exclusive possession for the statutory period is not met if the adverse user merely shares dominion over the property with other users.” Highland Associates v. Fohl, 62 Conn. App. 612, 619-620 (2001).
The requirement that an adverse possession be "notorious" in the sense of "being or constituting something that is commonly known: well known" (Webster, Third New International Dictionary) is obviously to give actual notice to an owner that a claim contrary to his ownership is being asserted or to lay a foundation for a finding of constructive notice. Pepe v. Aceto,119 Conn 282, 287 (1934); Schroeder v. Taylor, 104 Conn. 596, 605 (1926).
"Occupation must not only be hostile in its inception, but it must continue hostile, and at all times during the required period of fifteen years challenge the right of the true owner, in order to found title by adverse use upon it" (Citation omitted; internal quotation marks omitted.) Lazoff v. Padgett, supra, 2 Conn. App. 246, 250 (1984).
Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts
Friday, February 6, 2009
Wednesday, April 2, 2008
Is it worth it to pay an Attorney and/or Mediator?
Should I hire an attorney and/or mediator?
One of the biggest – and most often cited – expenses related to litigation, divorce and/or contested judicial matters is the attorney and/or mediator. There is a perpetual debate over the value of services provided by professionals, attorney and/or mediator. In the legal practice this controversy is sometimes confronted head-on by judicial system itself. After all, going “pro se” (individuals representing themselves) requires greater resources to be allocated by the State and Federal Government than individuals or businesses with the assistance of legal counsel who can navigate their way throughout the process.
In this blog we’ll examine the underlying factors that come into play when involved in a lawsuit, litigation or general dispute with – or without – an attorney and/or mediator, so that you can make your own informed decisions about the subject. After all, it’s your money, your property, your children or the like and most of all your choice.
Representing yourself, or “pro se” is worthy of consideration, and can save you an initial expenditure of funds to hire an attorney but you must consider not just the present but your future obligations both direct and indirect. To represent yourself, you will need to understand the legal and judicial process, and let alone the laws and statutes they may impact your ability to obtain the relief that you are seeking. But many people decide to represent themselves instead of hiring attorneys and/or mediators during the initial process and only involve an attorney after the fact i.e. judgment had entered, and for that reason it is a reasonable and common practice to hire your advocate before the process potentially may impact your future advocates ability to undo what occurs during the initial proceedings.
You will be forced to deal with many issues when involved in litigation. There may be depositions, court dates, hearings, trials or a process you don’t know about, or an issue that you are too involved with to view with objective eyes. You might need experienced advice to assist you in examining your options when faced with a fork in the road. Without quick and professional resolution of these types of problems, you could face serious consequences, both financially and emotionally.
For these reasons, the most overlooked, underrated, and valuable justification for hiring an attorney and/or mediator is that it gives you the opportunity to negotiate through a professional, experienced, and emotionally objective third party who has your best interest in mind.
Because the attorney will be negotiating/advocating on your behalf, it is essential that you hire someone you can trust, communicate with, and rely upon. Many parties feel most confident when they are able to choose an attorney from their own community who understands their needs.
The decision to hire an attorney and/or mediator or go it alone as a “pro se” is a complicated and important one, and there are many variables to take into consideration.
If I can be of any assistance to you when your situation requires legal counsel please contact me mfasanojr@duffyandfasano.com. My name is Michael A. Fasano Jr. and I am with Duffy & Fasano, attorneys and counselors at law. I service the New Haven County area, Litchfield County Area with a focus on Waterbury, Litchfield and the beautiful Northwest Hills.
One of the biggest – and most often cited – expenses related to litigation, divorce and/or contested judicial matters is the attorney and/or mediator. There is a perpetual debate over the value of services provided by professionals, attorney and/or mediator. In the legal practice this controversy is sometimes confronted head-on by judicial system itself. After all, going “pro se” (individuals representing themselves) requires greater resources to be allocated by the State and Federal Government than individuals or businesses with the assistance of legal counsel who can navigate their way throughout the process.
In this blog we’ll examine the underlying factors that come into play when involved in a lawsuit, litigation or general dispute with – or without – an attorney and/or mediator, so that you can make your own informed decisions about the subject. After all, it’s your money, your property, your children or the like and most of all your choice.
Representing yourself, or “pro se” is worthy of consideration, and can save you an initial expenditure of funds to hire an attorney but you must consider not just the present but your future obligations both direct and indirect. To represent yourself, you will need to understand the legal and judicial process, and let alone the laws and statutes they may impact your ability to obtain the relief that you are seeking. But many people decide to represent themselves instead of hiring attorneys and/or mediators during the initial process and only involve an attorney after the fact i.e. judgment had entered, and for that reason it is a reasonable and common practice to hire your advocate before the process potentially may impact your future advocates ability to undo what occurs during the initial proceedings.
You will be forced to deal with many issues when involved in litigation. There may be depositions, court dates, hearings, trials or a process you don’t know about, or an issue that you are too involved with to view with objective eyes. You might need experienced advice to assist you in examining your options when faced with a fork in the road. Without quick and professional resolution of these types of problems, you could face serious consequences, both financially and emotionally.
For these reasons, the most overlooked, underrated, and valuable justification for hiring an attorney and/or mediator is that it gives you the opportunity to negotiate through a professional, experienced, and emotionally objective third party who has your best interest in mind.
Because the attorney will be negotiating/advocating on your behalf, it is essential that you hire someone you can trust, communicate with, and rely upon. Many parties feel most confident when they are able to choose an attorney from their own community who understands their needs.
The decision to hire an attorney and/or mediator or go it alone as a “pro se” is a complicated and important one, and there are many variables to take into consideration.
If I can be of any assistance to you when your situation requires legal counsel please contact me mfasanojr@duffyandfasano.com. My name is Michael A. Fasano Jr. and I am with Duffy & Fasano, attorneys and counselors at law. I service the New Haven County area, Litchfield County Area with a focus on Waterbury, Litchfield and the beautiful Northwest Hills.
Sunday, March 9, 2008
Death Penalty - Capital Punishment in the United States
Capital Punishment in the United States
"Your eye shall not pity; it shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." Deuteronomy 19:21
Does this bible verse support those in their belief that advocate for the death penalty? Was it 'Daniel Frank' the first executed in the territory called the United States that created this ongoing debate?
The debate over the use and imposition of capital punishment varies over a wide spectrum of beliefs and issues. What cannot be debated is the fact that murder is an unjustified intentional killing. Murder can be committed by an individual acting against our enacted laws and morality as well as a government acting on behalf of its citizenry. State authorized killings and criminal murders both demonstrate a lack of respect for human life. Both abolitionists and proponents of the death penalty search for the answers to what is the appropriate penalty for one who murders another.
The Eighth Amendment prohibition of "cruel and unusual punishment" is controlling upon the Supreme Courts analysis of capital punishment. It was Furman v. Georgia ruled that this type of punishment violated the Eighth and Fourteenth Amendment due to arbitrary sentencing. States later revamped their statutes to avoid the issues raised in Furman.
Pro-Death Perspective:
Arguments that support the use of death penalty for criminal offenders hinge on deterrence and retribution. The deterrence argument focuses on the notion that executions deter potential offenders from committing similar acts (to aid in the prevention of a future crime).
Have you spoken with someone who said that they have not committed these types of offenses for fear that as a part of their sentence the death penalty would be imposed?
Anti-Death Perspective:
Albert Camus reflecting on the use of the guillotine, state that "there will be no lasting peace either in the heart of individuals or in social customs until death is outlawed." The threat of death does not have any effect on homicide rates.
"Your eye shall not pity; it shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." Deuteronomy 19:21
Does this bible verse support those in their belief that advocate for the death penalty? Was it 'Daniel Frank' the first executed in the territory called the United States that created this ongoing debate?
The debate over the use and imposition of capital punishment varies over a wide spectrum of beliefs and issues. What cannot be debated is the fact that murder is an unjustified intentional killing. Murder can be committed by an individual acting against our enacted laws and morality as well as a government acting on behalf of its citizenry. State authorized killings and criminal murders both demonstrate a lack of respect for human life. Both abolitionists and proponents of the death penalty search for the answers to what is the appropriate penalty for one who murders another.
The Eighth Amendment prohibition of "cruel and unusual punishment" is controlling upon the Supreme Courts analysis of capital punishment. It was Furman v. Georgia ruled that this type of punishment violated the Eighth and Fourteenth Amendment due to arbitrary sentencing. States later revamped their statutes to avoid the issues raised in Furman.
Pro-Death Perspective:
Arguments that support the use of death penalty for criminal offenders hinge on deterrence and retribution. The deterrence argument focuses on the notion that executions deter potential offenders from committing similar acts (to aid in the prevention of a future crime).
Have you spoken with someone who said that they have not committed these types of offenses for fear that as a part of their sentence the death penalty would be imposed?
Anti-Death Perspective:
Albert Camus reflecting on the use of the guillotine, state that "there will be no lasting peace either in the heart of individuals or in social customs until death is outlawed." The threat of death does not have any effect on homicide rates.
Saturday, March 8, 2008
Connecticut Foreclosure
Some Information on Foreclosures by Sale in Connecticut
If you are dealing with an imminent foreclosure or in the midst of one you should immediately consult with an attorney . Your rights to any equity of redemption may be effected in the event you fail to act on your behalf. What is your equity post-foreclosure sale or transfer - its any money you may be entitled to after the foreclosure goes to judgment then its ultimate disposition through the judicial department.
A foreclosure by sale would be conducted by a committee for sale, an attorney within the judicial district appointed by the Court to conduct the sale. It is that committee which is appointed to foster the highest sale price. The auction would be Ordered for a date certain which is customarily as Saturday at noon. Typically, there will be an inspection period for approximately two hours before the sale. The auction will have been advertised by either a sign erected upon the premises and/or an advertisement take out in the local newspaper for the next two preceding Sunday or other days as Ordered by the Court. For the most part both a sign and newspaper ad with be Ordered in my opinion. On the date of the Sale the committee may utilize the services of a police officer and/or locksmith to further the auction. Liability insurance will be obtained for the date of the sale.
The day of the auction:
If you are still in possession of the property expect that on the date of the auction the committee whose name you should know from the judicial notices and/or sign erected upon the property will arrive on or about ten a.m. or thereabouts. It is you choice to permit potential bidders to inspect that portion of the property which is occupied. Remember, it is in your interests to assist the committee in generating the highest bid.
People who desire to bid would register with the committee and be issued a number. To register you must provide you name, contact information and a bank or certified funds in an amount usually equal to ten percent of the property's drive by appraisal as valued on the date of judgment.
At noon the auction opens, customarily with a faxed bid from the foreclosing plaintiff. Then bidding would be conducted with the numbers issued to the approved bidders previously registered with the committee. The highest bidder would be required to execute a bond for deed essentially a contract to purchase. Beware, the successful bidder will be required to purchase the property within thirty days or as further Ordered by the Court from the date the Court approves the Sale. Please be mindful especially under the new guidelines that banks are imposing for mortgages these days the potential inability for the bank or lending institution to conduct a full appraisal may put your deposit at risk. Failure to close within those thirty days may upon Order of the Court forfeit your deposit - substantial for the most part.
I have been acting as a committee for some time now and have yet to see a piece of property go for a dollar.
If you are dealing with an imminent foreclosure or in the midst of one you should immediately consult with an attorney . Your rights to any equity of redemption may be effected in the event you fail to act on your behalf. What is your equity post-foreclosure sale or transfer - its any money you may be entitled to after the foreclosure goes to judgment then its ultimate disposition through the judicial department.
A foreclosure by sale would be conducted by a committee for sale, an attorney within the judicial district appointed by the Court to conduct the sale. It is that committee which is appointed to foster the highest sale price. The auction would be Ordered for a date certain which is customarily as Saturday at noon. Typically, there will be an inspection period for approximately two hours before the sale. The auction will have been advertised by either a sign erected upon the premises and/or an advertisement take out in the local newspaper for the next two preceding Sunday or other days as Ordered by the Court. For the most part both a sign and newspaper ad with be Ordered in my opinion. On the date of the Sale the committee may utilize the services of a police officer and/or locksmith to further the auction. Liability insurance will be obtained for the date of the sale.
The day of the auction:
If you are still in possession of the property expect that on the date of the auction the committee whose name you should know from the judicial notices and/or sign erected upon the property will arrive on or about ten a.m. or thereabouts. It is you choice to permit potential bidders to inspect that portion of the property which is occupied. Remember, it is in your interests to assist the committee in generating the highest bid.
People who desire to bid would register with the committee and be issued a number. To register you must provide you name, contact information and a bank or certified funds in an amount usually equal to ten percent of the property's drive by appraisal as valued on the date of judgment.
At noon the auction opens, customarily with a faxed bid from the foreclosing plaintiff. Then bidding would be conducted with the numbers issued to the approved bidders previously registered with the committee. The highest bidder would be required to execute a bond for deed essentially a contract to purchase. Beware, the successful bidder will be required to purchase the property within thirty days or as further Ordered by the Court from the date the Court approves the Sale. Please be mindful especially under the new guidelines that banks are imposing for mortgages these days the potential inability for the bank or lending institution to conduct a full appraisal may put your deposit at risk. Failure to close within those thirty days may upon Order of the Court forfeit your deposit - substantial for the most part.
I have been acting as a committee for some time now and have yet to see a piece of property go for a dollar.
Who is going to pay for College?
No Loans for College - Where Will the Money Come from
The economic slow down in this Country has spread to the college loan market. What has been their for families and students going to college are now not going to be available. The rules are tightening - are they going to qualify today let alone semesters from now?
The student loan programs have been suspended in five state as of this date because the moneys not there for them to fund the student loans. Are the schools getting cheaper - I think not - tuition is out of control and now the lenders are pulling out of the Federal Student Loan program because they cannot raise the funds to create the loans. Less selections or products are going to be there to pay those astronomical price tags! Who can pay the interest rate alternatives out there to keep them in school? Should the Federal Government step in to help those family/Students in need of college financing? This country will be at a significant disadvantage in the future if students are turned away because they cannot pay the entrance fee.
The economic slow down in this Country has spread to the college loan market. What has been their for families and students going to college are now not going to be available. The rules are tightening - are they going to qualify today let alone semesters from now?
The student loan programs have been suspended in five state as of this date because the moneys not there for them to fund the student loans. Are the schools getting cheaper - I think not - tuition is out of control and now the lenders are pulling out of the Federal Student Loan program because they cannot raise the funds to create the loans. Less selections or products are going to be there to pay those astronomical price tags! Who can pay the interest rate alternatives out there to keep them in school? Should the Federal Government step in to help those family/Students in need of college financing? This country will be at a significant disadvantage in the future if students are turned away because they cannot pay the entrance fee.
Will Florida and Michigan Delegates be Seated at DNC
Who is really going to decide
Florida and Michigan decided on their own that they want to set the tone for the national primaries. Per the democratic nation committee rules only four states can hold primaries and/or caucuses before February 5, 2008, in spite of these rules Florida and Michigan voted to hold their primaries on January 29, 2008 thus violating the party's rules. The consequence of this action is that their delegates would not be seated at the the DNC in Denver, Colorado this summer or have their votes counted toward the Democratic nominee.
Record number voters turned out - Hillary wins. Obama decided to take his name out of the running and now that the race is so close. Neither Obama or Hillary don't have the number of delegates to win. Now its time they come back and want to the change the rules.
What about fair play and following the rules?
Should they be permitted to be seated/counted? Should they cause taxpayers money to be diverted from other noble causes to have a re-do. All along it was both Florida and Michigan's choice to put themselves and their party in this positions which may create a divide amongst the party. Be careful what you vote for because it can come back and haunt you.
Florida and Michigan decided on their own that they want to set the tone for the national primaries. Per the democratic nation committee rules only four states can hold primaries and/or caucuses before February 5, 2008, in spite of these rules Florida and Michigan voted to hold their primaries on January 29, 2008 thus violating the party's rules. The consequence of this action is that their delegates would not be seated at the the DNC in Denver, Colorado this summer or have their votes counted toward the Democratic nominee.
Record number voters turned out - Hillary wins. Obama decided to take his name out of the running and now that the race is so close. Neither Obama or Hillary don't have the number of delegates to win. Now its time they come back and want to the change the rules.
What about fair play and following the rules?
Should they be permitted to be seated/counted? Should they cause taxpayers money to be diverted from other noble causes to have a re-do. All along it was both Florida and Michigan's choice to put themselves and their party in this positions which may create a divide amongst the party. Be careful what you vote for because it can come back and haunt you.
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