Why Adverse Possession Needs to End Now

People sometimes ask, "why does adverse possession need to end now?" Among the many responses, one that stands out is the fact that adverse possession gives people a belief that they can lawfully take other's property. And, this is true. Because of the existence of adverse possession, some people feel entitled to twist the law so that they can take what they have not paid for.

Just a few months ago (November, 2009), there was a story in Las Vegas about a former real estate agent, Eric Alpert, who tried to justify his theft of homes under "adverse possession." Here's a link to our original post on that: http://endadversepossession.blogspot.com/2009/11/adverse-possession-and-greed.html

In that, you'll see the link to the Las Vegas Review Journal, which explains his story in-depth.

Today, the same story repeats in Tampa Bay (Pasco County), Florida: "Man Accused of Turning Foreclosed Homes Claims 'Adverse Possession' into Pasco Rentals"

The legal premise [Stephen] Bybel used to claim these homes is called "adverse possession" — Chapter 95 of Florida Statutes, which spells out how someone can take possession of a property through squatter's rights.

The law requires that a person occupy the property for at least seven years and fulfill other legal requirements...

What Bybel did, "was never the intention of the statute," White said.

"This is closer to burglary and grand theft than it is to adverse possession," the sheriff said.

Unfortunately, the sheriff got it wrong. Adverse possession IS theft; the only difference is one is illegal and the other is not.

As well, it's worth noting the sheriff's statement of the "intention of the statute" -- The original intent of adverse possession was to make sure land was being used to grow crops. Today, our nation does not face starvation. The "intent" of adverse possession is long lost in history, which is another reason all to itself of why it needs to be abolished.

That being said, this points to an alarming reason to end adverse possession now. People like Stephen Bybel are perverting the law in order to steal and scam people out of their money. And, he's not alone. There are MANY Stephen Bybels and Eric Alperts out there - all looking to get something for nothing. This is the absurdity of adverse possession; this is why it needs to end now.

The Irony of a Land Grabber

This story recently appeared in a Wiltshire (UK) newspaper, "Fence Dispute is Making My Life a Misery." Poor David Curtis... he decided to take land that wasn't his, and now he is finding out that society in general frowns upon stealing things, especially land.

Best quote...



If there was no law of adverse possession, poor Mr. Curtis would not be in this predicament. More so, he would have never tried to exercise his "right" to steal. It is only because of the law of adverse possession that he felt entitled to take something that he didn't pay for. And now, he's being "vilified."

Maybe the wisdom learned here is that adverse possession (legalized land theft) has no purpose in today's society. Let us all hope that other land grabbers learn from Mr. Curtis - stealing doesn't pay.

The British are Coming!

That's right... even in the homeland that started adverse possession (legalized land theft), unrest is growing. Maybe it is time for the British to have their own "revolution" against this most unfair law of ancient history!

What's interesting is that people rising up and fighting against adverse possession is not just happening in the United States, as evidenced by this petition in the UK.

http://petitions.number10.gov.uk/EndAdversePoss/#detail

Kudos to Carole Hesford for having the courage to lead this battle in the UK!

Last I checked, we live in a democracy. Our Founding Fathers and generations since have risked their lives to ensure unjust laws are abolished. It's time for a new "revolution" of today, and this time, I am glad to see that the British are WITH us! It is time to End Adverse Possession NOW!

Getting the Word out in Seattle

Another big hit in raising awareness and ending legalized land theft. Now if only our representatives, like Jamie Pedersen, would listen to the people, rather than cater to attorneys who profit and benefit the most from adverse possession.

http://www.seattlepi.com/letters/index.asp?entryID=829

Coverage in the Kitsap Sun

Talk about an interesting development... The Kitsap Sun (a fairly large newspaper in the neighboring county to Seattle) published a "letter to the editor" asking for public support of HB 1479 (a bill to end adverse possession in Washington).

You can read it here:
http://www.kitsapsun.com/news/2010/feb/04/letter-to-the-editor-legislation-protection-from/

I urge everyone (even those not in Washington) to add their comments. This is a great opportunity in a public forum for others to see how devastating legalized land theft is, and just as important, to let politicians know that adverse possession needs to end now!

Today, it's the Kitsap Sun... tomorrow, CNN.