Glover v. Glover’s Empirical Analysis

Citation profile

1 district · 6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The fact that no rent was paid after [a specified date], cannot defeat the permissive nature of the [tenant's] possession. Nonpayment of rent does not establish hostility. The passive failure to make payments is not a "distinet and positive assertion" of ownership. If nonpayment terminated the lease, it only turned [the tenant's] interest in the land into a tenancy at sufferance. "An estate at sufferance is an interest in land which exists when a person who had possessory interest in land by virtue of an effective conveyance, wrong fully continues in the possession of the land after the termination of such interest, but without asserting a claim to superior title." A tenancy at sufferance is a permissive interest and cannot be the basis for adverse possession. Furthermore, we decline to establish a rule that gives tenants an incentive to stop paying rent in the hope of establishing an adverse possession claim.”

   1 later decision quote this exact passage
   e.g. Hutchinson v. Taft

2. “[When a claimant started out occupying land permissively, it is essential that his new, hostile interest in the property be made clear to the true owner.... [I]f a tenant merely acts as he always did, the owner will not be on notice of his new, hostile claim. An adverse claimant who entered land as a tenant must usually show some distinct act, like an open announcement of his claim or a change in his use of the land, sufficient to serve as a distinct and positive assertion of his claim to own[ership of] the property.”

   1 later decision quote this exact passage
   e.g. Hutchinson v. Taft

3. “A person may not bring an action for the recovery of real property, or for the recovery of the possession of it unless the action is commenced within 10 years. An action may not be maintained for the recovery unless it appears that the plaintiff, an ancestor, a predecessor, or the grantor of the plaintiff was seized or possessed of the premises in question within 10 years before the commencement of the action.[ 12 ]”

   1 later decision quote this exact passage
   e.g. Yuk v. Robertson