Thursday, February 18, 2010

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.

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