Warning: You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in or
create an account, your edits will be attributed to your username, along with other benefits.
The edit can be undone.
Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
| Latest revision |
Your text |
| Line 10: |
Line 10: |
| *Based on the said assumption, the widow conveyed the entire lot to her daughter & son-in-law (the daughter's husband) "O'Connor" in 1980 | | *Based on the said assumption, the widow conveyed the entire lot to her daughter & son-in-law (the daughter's husband) "O'Connor" in 1980 |
| *Later in 1987, the daughter O'Connor realized that her mother had only a 1/3 interest (2/6) in the lot | | *Later in 1987, the daughter O'Connor realized that her mother had only a 1/3 interest (2/6) in the lot |
| *'''Larocque = a sister of O'Connor'''
| |
| *O'Connor wanted to convince Larocque to hand over her share of the land to O'Connor
| |
| *Another sister & the surviving spouse of another conveyed their interests to O'Connor; in other words, 2 siblings handed over 2 * (1/6) interests to O'Connor
| |
| *However, Larocque refused to hand over her interest to her sister O'Connor & husband
| |
| *Consequently, O'Connor had a 5/6 interest in the lot while Larocque had a 1/6 interest in the lot
| |
| * | | * |
| * | | * |
| * | | * |
| *
| |
| *
| |
| *
| |
| *
| |
| |procedural_history=*O'Connor sued Larocque in state superior court to quiet title.
| |
| *Larocque counter-claimed against adverse possession by means of a [https://www.quimbee.com/keyterms/tenancy-in-common tenancy in common]
| |
| *O'Connor won in the bench trial
| |
| *
| |
| *
| |
| |issues=Must a [https://www.quimbee.com/keyterms/cotenancy co-tenant] in a tenancy in common prove that she ousted the other co-tenants from the land to obtain sole ownership by adverse possession?
| |
| |arguments=O'Connor contended that she had acquire Larocque's interest by adverse possession.
| |
| |holding=In a tenancy in common, a co-tenant must prove that she ousted the other co-tenants from the land to obtain sole ownership by land.
| |
| |judgment=Reversed
| |
| |reasons=Judge Zarella: There's a strong presumption against adverse possession of a tenancy in common.
| |
| |case_text_links={{Infobox Case Brief/Case Text Link | | |case_text_links={{Infobox Case Brief/Case Text Link |
| |link=https://www.quimbee.com/cases/o-connor-v-larocque | | |link=https://www.quimbee.com/cases/o-connor-v-larocque |
