...correct in entering summary judgment for appellant. At common law it was felt that a person owned all that was on his property so that a mistaken improver lost ownership and could...land. Shick v. Dearmore, supra. See also, Equity — Rights of a Mistaken Improver, 24 Ark. L. Rev. 133. Here appellant brought his action in a court of law, not equity. He did not ask for anything such...LAW RULE. — At common law, a person owned all that was on his property, and a mistaken improper lost ownership and could not recover the improvements or their value. 4. REAL PROPERTY — IMPROVEMENTS...

...improvements have been made under the mistaken belief that they belonged to the improver must either pay for the improvements or sell the land upon which the improvements were made to the improver...( 174 Or. 143), the landowner did nothing to cause the defendant to mistakenly believe he owned the land; nevertheless, the mistaken improver was given relief...equitable relief upon the ground that the defendant made improvements on the land under the mistaken belief, shared by the plaintiffs, that defendant was occupying the land under a 99-year lease; and...

...the improvement statute quoted above, have often required an owner seeking the aid of the chancery court in recovering his property to do equity by compensating a mistaken improver for the value of the..., 166 S.W.2d 628, 633 (1942); Tenn. Code Ann. § 29-15-121. In our opinion, whether one seeks relief for mistaken...

...found little guidance from the courts of this Commonwealth in evaluating any right to restitution conferred upon the mistaken improver of real estate. By the rigid rules of the common law, whoever.... Churches — Title — Improver — Good faith — Notice. 1. In a dispute over title to church property, when...improver's right to a remedy against the potential unfairness of requiring the true owner to pay for unwanted improvements. See Dickinson, Mistaken Improvers of Real Estate, 64 N.C.L. Rev. 37...

...restitution for a mistaken improver. Smith v. Long, 76 Idaho 265, 281 P.2d 483 (1955). In...who mistakenly improved the property of another received nothing for such improvements. These improvements vested in the owner regardless of the good faith of the improver. 41 Am.Jur.2d Improvements...§ 2, pp. 480-81 and § 4, p. 482. The harshness of this old rule was gradually mitigated by allowing the improver to use the improvements as a set off when the owner brought an action either to quiet...

...the doctrine's paradigmatic fact pattern-that of the mistaken improver-our Supreme Court has observed, where one, under a mistake as to the location of his...N.C. 734, 737, 32 S.E.2d 316, 318 (1944). In the case of the mistaken improver, the true owner "cannot retain a benefit which knowingly he...mistake in location, fails to make objection, the improver may obtain suitable relief in equity. Rhyne v. Sheppard, 224...

...mistaken improver when occupant is found to have been under a "good-faith reasonable belief" that he was owner of property); see also Worley v...). In the early nineteenth century, considerable debate took place over the idea of expanding equity to provide a remedy to mistaken improvers. See...least, careless or insufficiently diligent in concluding that the property was their own to improve. The good faith requirement is not satisfied in situations in which the mistaken occupier has knowledge...

...payment of $9,000 for the Property followed by another $90,000 on repairs supports the genuineness of his belief. Courts have refused to allow equitable compensation where the mistaken improver has...purported owner of the [P]roperty owed property taxes and an old water bill." (Feb. 5, 2013 Opinion at 2.) The trial court further stated that PHDC was on notice of Willoughby's mistaken belief of ownership.... Christopher, 537 A.2d 69, 72 (Pa. Cmwlth. 1988) (indicating that courts should balance the equities of mistaken improver's right to compensation against unfairness of making t...

...under the betterment statutes because the improver cannot show color of title, other means of relieving the improver's plight exist. Kelvin H. Dickinson, Mistaken Improvers of Real Estate...the mistaken improver would be a claim for unjust enrichment. See Heim v. Shore, 56 N.J.Super. 62...under these circumstances is also supported by other authorities that have addressed similar circumstances. In one law review article on the topic of mistaken improvements to property, the author...

..., § 19.) "Nor is there any merit to appellant's contention that if adverse possession may be based on a mistaken entry, the period of the statute of limitations runs only from the discovery of the...mistaken possession may not be based on speculation that the possessor might not have occupied the land had he known of the record title. Rather to show that the possession based on mistake was not...warrants without more a finding that he did not intend to claim the land if he was mistaken. Plaintiffs urge that the adverse possession doctrine should be modified in the light...

...legislation (Code Civ. Proc., § 871.1 et seq.) was enacted in 1968. A "good faith improver" is defined as one who makes an improvement to land in good faith and under a mistaken belief that he is the...improbable evidence has no merit. Nevertheless, the findings and judgment are characterized by several prejudicial errors of law which require reversal. The good-faith-improver...landowner. (Code Civ. Proc., § 871.1) Such an improver may seek judicial relief but has the burden of establishing his entitlement to relief; the "degree of [his] negligence" should be taken into...

...necessary added ingredients that, for example, have been recognized in our cases are as follows: (1) Improvements made in a good faith but mistaken belief that the improver owned the land and with the..., 266 S.E.2d 746 (1980). In these cases the Court of Appeals seems to have misapplied the rule in those unjust enrichment cases in which the improver of the land had a good faith but ...would render it unjust for the owner to keep the benefit of the improvements without compensating the improver. In an unjust enrichment case, plaintiff must prove defendant's alleged promise to permit...

...situations: (1) where an improver, acting in good faith and under the mistaken belief that he owns the land, makes improvements on the land of another, being induced to do so by 'fraud, duress, undue.... See also Prince v. Crow, 589 So.2d 161 (Ala. 1991)[A]n equitable lien is appropriate when 'the improver of property, mistakenly and in good faith, believes he owns the property...with regard to "Improvements Upon Land or Chattels": "(1) Except to the extent that the rule is changed by statute, a person who, in the mistaken belief that...

...: "Alabama has limited its equitable rule of recovery to the following situations: (1) where an improver, acting in good faith and under the mistaken belief that he owns the land...

...situations in Alabama: "(1) [It may be had] where an improver, acting in good faith and under the mistaken belief that he owns the land, makes improvements on...under the mistaken impression that payments were being made on the underlying indebtedness. He also alleged that the defendants had been aware of the purchase by the Princes of the several parcels and...has stated that mere passive conduct is not sufficient to entitle an improver to equitable relief. Costanza v. Costanza, 346 So.2d 1133...

...situations: (1) where an improver, acting in good faith and under the mistaken belief that he owns the land, makes improvements on the land of another, being induced to do so by "fraud, duress, undue...each particular case. That court stated: "To prevent such unjust enrichment . . . and to do equity between the parties, this Court holds that an improver of...land owned by another, who through a reasonable mistake of fact and in good faith erects a building entirely upon the land of the owner, with reasonable belief that such land was owned by the improver...

...the consent of the father, but without agreement as to the improvements. The case did not involve an improver in good faith under the mistaken belief that he owned the land. In Bonner v. Wiggins...circumstances, a court of equity may grant relief in several ways. If the building can be removed without great injury to the building or to the land, the court may permit the improver to move the building...the land before and after the making of the improvement, and allow the improver to recover for the amount of this enhanced value, if any. The landowner will first be permitted to pay the enhanced value...

.... See Madrid v. Spears, 250 F.2d 51, 54 (10th Cir. 1957) ("These statutes are intended to modify and ameliorate the rigid common-law rule under which even an innocent improver w...interloper without legal remedy."). We believe that our betterment statutes similarly afford relief to those mistaken improvers who improve property that they honestly and in good faith believe they own...to dispute, the improver will not be entitled to restitution under the equitable doctrine of unjust enrichment." E. Motor Inns, Inc. v...

...its equitable rule of recovery to the following situations: (1) where an improver, acting in good faith and under the mistaken belief that he owns the land, makes improvements on the land of another...

...mistaken to be good by the parties. Plaintiff was a good faith improver of those lots, and he is entitled to his equitable lien even as against the minor defendants. See 42 C.J.S. Improvements §§ 8..., and parted with his consideration in reliance upon Zona's promises to perform. He became a good faith improver of what he thought was his property in fee simple with Zona. (All he had was a joint life...S.W.2d 1001, 1006 [7]. Plaintiff, having shown himself entitled to equitable relief in the avoidance of his agreement, by reason of being a good faith improver, mistake as to...