Miceli v. Foley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that three surveys over two years with surveyor walking property with record owner did not interrupt adverse use
• holding that claimant’s consistent use of the property as a storage area between periods of active use was sufficient to provide the continuity required for adverse possession, because “what is continuous for purposes of adverse possession depends greatly on the type of land at issue”
• “Absent an express intention to convey a fee, a grant of a right of way to a railroad is generally considered to be an easement.”
• “While continuity is an element of adverse possession, what is continuous for purposes of adverse possession depends greatly on the type of land at issue.”
• “As there is insufficient evidence to rebut the presumption that a condemning railroad takes an easement, we hold that the railroad did not acquire a fee simple absolute in the property at issue.”

Source: CourtListener parenthetical corpus (CC0).