Massachusetts Supreme Judicial Court· 3/30/2000

Totman v. Malloy

Citations

431 Mass. 143

How courts have described this case

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

listing jurisdictions adopting a presumption of permission or requiring a heightened showing of hostility when a familial relationship exists
declining to create a presumption or inference of permissive use among close family members for purposes of adverse possession
declining to \create a presumption or inference of permissive use among 'close' family members\
“Whether a use is nonpermissive depends on many circumstances, including... the nature of the individual relationship between the parties claiming ownership”
“A party claiming title to land through adverse possession must establish actual, open, exclusive, and nonpermissive use for a continuous period of twenty years”
‘‘[t]he guiding principle behind the elements of adverse possession is not to ascertain the intent or state of mind of the adverse claimant, but rather to provide notice to the true owner’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Ireland

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Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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