Koprivec v. Rails-to-Trails of Wayne Cty. (Slip Opinion)
Case Details
- Judge(s)
- Dewine
- Status
- Published
- Procedural Posture
- summary judgment
Related Laws
No specific laws identified for this ruling.
Excerpt
Real property-Deeds-Adverse possession-Court of appeals' determination that 1882 deed created a fee simple absolute affirmed-In re Petition of Copps Chapel Methodist Episcopal Church disapproved to extent it suggested that a deed can create a determinable fee only by including language explicitly saying that property would revert to grantor upon occurrence of stated event-A title holder's licensee may defeat exclusivity element of an adverse-possession claim if licensee performs acts on the land that would ordinarily require owner's permission-Licenses granted by railroad company that previously owned abandoned rail corridor to two telecommunications companies and associated corridor-maintenance activities failed to defeat exclusivity element of adverse-possession claims of neighboring landowners-Railroad companies' activities on corridor were insufficient to defeat exclusivity element of two adverse-possession claims but sufficient as to third-Court of appeals' determination that genuine issues of material fact exist and preclude summary judgment as to two adverse-possession claims affirmed, and cause remanded-Court of appeals' determination that genuine issues of material fact exist and preclude summary judgment as to third adverse-possession claim reversed.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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