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Adverse - Law Dictionary Search Results

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Adverse possession

Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...


Adverse party

Adverse party, the term 'adverse party' connotes that party which has a right and opportunity to cross-examine in the first proceeding. This proviso, therefore, obviously protects the rights of the adverse party in the first proceeding and not the party who produced the witness. The party against whom the witness is produced in the previous proceeding is the adverse party and not the person who produced the witness and had the advantage of having examined the witness, V.M. Mathew v. V.S. Sharma, (1995) 6 SCC 122 (125). [Evidence Act, 1872, s. 33, second proviso]...


Adverse title

Adverse title, means a title acquired by adverse possession, Black Law Dictionary, 7th Edn., p. 1493.Means an exclusive title acquired by adverse possession, Black Law Dictionary, 7th Edn., p. 1493....


Adverse authority

Adverse authority, means authority that is un-favourable to an advocate's position, most ethical codes require counsel to disclose adverse authority in the controlling jurisdiction even if the opposing counsel has not cited it, Black Law Dictionary, 7th Edn., p. 128....


adverse

adverse : opposed to one's interests : operating to one's detriment [an verdict] ...


adverse party

adverse party see party ...


adverse possession

adverse possession see possession ...


adverse witness

adverse witness see witness ...


Adverse dominion

Adverse dominion, means doctrine that tolls the limitation period for claims against wrongdoing directors and officers of a corporation while they are in control of the corporation. The purpose of this doctrine is to prevent a director or officer from successfully hiding wrongful or fraudulent conduct during the limitations period, FDIC v. Shrader & York, 91 F. 2d 216, 227 (5th Cir. 1993)....


possession

possession 1 : the act, fact, or condition of having control of something: as a : actual possession in this entry b : constructive possession in this entry c : knowing dominion and control over a controlled substance or other contraband d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing e : control or occupancy of property actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison, 896 S.W.2d 689 (1995)"] adverse possession : actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ...


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