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Devins v. Borough of Bogota

Supreme Court of New Jersey

592 A.2d 199 (1991)

Relevant factsFree

Devins (plaintiff) had continuously used a small lot enclosed within his property's fence for parking, recreation, and other improvements since 1965, unaware the Borough of Bogota (defendant) had separately acquired title to that lot through foreclosure in 1962; when Devins sought a concession of title based on adverse possession, the trial court found he'd established every element of the claim but ruled adverse possession unavailable against a municipality, a ruling the court of appeals affirmed.

IssueFree

Whether an adverse possession claim is available against a municipality regarding land held by the municipality for nongovernmental purposes.

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