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The class, presented by Author Kris Kline, begins with relevant historical background and moves quickly to current state-specific definitions for the elements of adverse possession. Specific topics include: the moment of title transfer; tacking; claims against or by the state; claims made under mistaken belief; effects of ordinances on adverse claims; rules for interruption of a claim; champerty; effect of a survey on a prescriptive claim. The seminar considers the lost grant theory and its influence on current rules for prescriptive easements. This will be followed by a discussion of the origins of acquiescence, its many definitions, and the relationship between acquiescence and other unwritten rights. The primary focus of the class will be North Carolina and Tennessee, with examples from adjoining states included for contrast and comparison. See Also
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