When challenging a finding for lack of substantial evidence, the appellant must address all evidence favoring the ruling, and show that such evidence is not substantial. The elements of adverse possession include actual and hostile possession, for which respondent's...
Month: October 2021
Too Late to Challenge Beneficiary Deed
Here, Patricia Brown filed an action seeking a constructive trust against her family members based upon a beneficiary deed that she claimed was fraudulent. The trial court dismissed the action on the basis that the statute of limitations had run. On review, the...
No Reformation of Deeds For Successors Not in Privity
In this case, the petitioners alleged that they had a pre-existing agreement regarding the boundary line for property they acquired which pre-dated two deeds dividing and conveying the property to petitioners and to a third-party. Specifically, one deed (which was...
Nate Ross Joins Hein Schneider & Bond P.C.
We are pleased to announce that Nate Ross has joined the firm. With over 20 years of experience in real estate, banking, general commercial litigation, and appellate practice, Nate is a terrific addition to the firm's core practice areas.