182 Md. App. 300 - Senez v. Collins’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The ‘hostility’ essential to acquisition of title by adverse possession does not necessarily import enmity or ill will, but rather that the claimant’s possession be unaccompanied by any recognition, express or inferable from the circumstances, of the real owner’s right to the land.... [Wjhere the original entry and subsequent occupancy of land was under a contract, or with the consent or permission of the owner, the possession would not be hostile or adverse and could not evolve into a subsisting title on which recovery could be had, unless the record owner had notice that the continuing possession was under a claim of right, since it is the intent with which possession is continued that gives it its character as adversary. Moreover, since an original permissive possession is presumed to continue, there can be no change to an adversary possession in the absence of affirmative evidence of that fact.”

   1 later decision quote this exact passage
   e.g. Breeding v. Koste

2. “Ms. Collins’s account of her conversation with [Senez], if believed, may be seen as an acknowledgment by Senez of the Collins’ superior right to the disputed area, which would defeat the hostility required for adverse possession. On the other hand, [Senez’s] version of the conversation ... coupled with her conduct in erecting the fence without [the Collins’s] permission, would not evince such an acknowledgment.”

   1 later decision quote this exact passage
   e.g. 182 Md. App. 667 - HILLSMERE SHORES IMPROVEMENT ASSOCIATION, INC. v. Singleton

3. “[T]he burden of proving title by adverse possession is on the claimant.” (Citation and internal quotation marks omitted)). Nonetheless, the circuit court correctly stated the law concerning the burden of proof elsewhere in the Memorandum Opinion and Order, and the circuit court applied the correct standard in concluding that Koste”

   1 later decision quote this exact passage
   e.g. Breeding v. Koste