Romans v. Nadler’s Empirical Analysis

Citation profile

56 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * We construe the word prescription * * * to mean adverse possession. “* * * There are five essentials of adverse possession. It must be hostile and under a claim of right, actual, open, continuous, and exclusive.””

   2 later decisions quote this exact passage
   e.g. Iverson v. Fjoslien · Quist v. Fuller

2. “It is a well-known fact that many thousands of homeowners have no boundary fences and that adjoining owners occasionally trespass on their neighbors' lands in cutting grass, trimming hedges, and the like. * * * If such trespasses should be held to constitute a basis for prescriptive rights, every adjoining landowner * * * would acquire * * * an easement in his neighbors’ lands to the extent of such trespasses. * * * The trespasser should be required to show by some additional acts that the entry is hostile and under claim of right * * *.”

   1 later decision quote this exact passage
   e.g. Stanard v. Urban

3. “In adopting the elements of adverse possession for prescriptive easements, we stated that they are “[sjubject [ ] to such differences as are necessarily inherent to the application of the rules in such cases.” * * * [T]hese inherent differences will necessarily revolve around the fundamental difference between possessing land in the case of adverse possession and using land in the case of a prescriptive easement.”

   1 later decision quote this exact passage
   e.g. Heuer v. County of Aitkin