End Adverse Possession Now

Two Types of Lawyers - Those Who Think, and Those Who Follow

2011-01-18T17:41:00.001-08:00

I had the most interesting exchange yesterday with an attorney who works for the State of Washington. Our discussion was about the law of adverse possession and whether it need be changed. Without question, she was well-qualified to discuss the law. But, what surprised me was her inability to apply logic and reason to her argument (or even to counter mine). Sadly, all she could do was to regurgitate what she learned in Property (law school) rather than look at the issue at hand, which is should Washington change its adverse possession laws? So, I thought it would be a good idea to send her a note following up on our talk.

Just wanted to express my appreciation in talking with you yesterday about adverse possession. Clearly, we have differences of opinion about the law.

As you know, it was 1881 since the last time Washington's adverse possession law was changed. If you believe that we should keep laws stagnant and unchanged as to what they were in 1881, then I guess then that you subscribe to the view that women should not have the right to vote. For after all, in 1881 it was Constitutionally settled law that women did not have the right to vote.

In fact, it took 133 years for that change to occur. For 200+ years, people could legally justify owning slaves. I'm sure you do not believe that the Dred Scott decision was right. Legal, yes... but was it right? Other laws, that I'm sure you touched upon in law school, like dowry and curtsy no longer exist because society has moved beyond their need. Heck, can you imagine what our jails would be like if we still enforced "debtor's prison" today?

If there is anything that I can convince you of, it is this: the original need for adverse possession has faded. It is a law whose time has come and gone. As a country, we do not face starvation, and we no longer live in the wild west. Times have changed, needs have changed, society has changed. It is time for the law to change, too.

Because of this, both New York and Colorado have recently made substantive changes to their adverse possession laws. I suggest you read up on what they have changed and why. Obviously, this was not a trivial matter for these jurisdictions and their legislators. But, they did it because the people voiced their concern that current adverse possession statutes were outdated and in need of improvement. It is time for Washington to move beyond 1881 and catch up to today's standards.

If you have any other questions about adverse possession or why other people in Washington support House Bill 1026, please let me know.

Sincerely, Chris

What I've learned in talking with attorneys about the law (and yes... I've talked to A LOT of attorneys) is that there are basically two types of lawyers out there. Those who are great at knowing the law and reciting cases, and others who are great at thinking logically and are emotionally unbiased. I prefer the latter. We need logic and reason if society is to move forward. Appeals to history, appeals to authority, false dilemmas simply should not be used as legal justification. The law needs to be thought of as being alive. It changes and needs to change as society grows. I just wish there were more attorneys who applied logic and reason to their work, rather than who can just recite cases.

Washington State Bar - "A Good Faith Attack on Land Thieves"

2011-01-05T10:51:00.000-08:00

Wow... this is a must read, straight from the Washington State Bar: "A Good Faith Attack on Land Thieves" (http://www.wsba.org/media/publications/barnews/jan11-landthieves.htm)

Here, Washington attorney, Robert W. Zierman makes an excellent argument in changing Washington's adverse possession law. In particular, Zierman argues in favor of bringing back a "good faith" requirement.

... the complete elimination of good faith may have also been a step too far.

This is critical, as having a "good faith" requirement would help deter greedy land grabbers, like Peter Dodsondance, from knowingly stealing others' property.

Kudos to attorny Robert W. Zierman in making a moral stand for what is right. It's not often that land attorneys support changing adverse possession laws, and it's great to see this appear in the Washington State Bar. Hopefully, more attorneys, legislators and people will see that adverse possession laws need to be changed!

Latest Fraud in Housing Crisis

2010-06-13T15:47:00.000-07:00

From the Florida Sun Sentinal... Here is the whole story (and you should read it to the end to see why politicians lack the spine to do the right thing and abolish legalized land theft).

How many more cases of legalized land theft need to happen before politicians do something about it? Adverse possession needs to end NOW!

South Florida Sun-Sentinel.com

Squatters take over S. Fla. homes in what police call latest fraud in housing crisis

By Sally Kestin, Sun Sentinel

June 13, 2010

Imagine going to a house or condo you own and finding a stranger living there who claims the property no longer belongs to you.

It's happening across Florida and other parts of the country through what authorities say is abuse of a centuries-old concept known as adverse possession.

Dating back to Renaissance England, adverse possession allowed people to take over abandoned cottages and farmland, provided they were willing to live there and pay the taxes. These days, officials say, the legal doctrine is being misused by squatters, trespassers and swindlers to claim ownership of vacant or foreclosed homes.

In Broward and Palm Beach counties alone, adverse possession claims have been filed on some 200 homes in recent months. Three of the four people behind the claims have been arrested, and police are investigating the fourth man, who along with his father, a convicted mobster, tried to take over properties in Hollywood.

"We look at this as another con job, another get-rich-quick scheme,'' said Don TenBrook, a Broward state prosecutor of economic crimes. "You're starting to see them pop up all over the place. It's been spawned by the real estate crisis.''

A bill in the Legislature this spring would have helped cut back on the abuses and better protect Florida property owners, but it failed to pass — the result of political retribution, state Rep. Ron Schultz, one of the sponsors, told the Sun Sentinel.

"We tried to nip this in the bud, but that didn't quite work,'' said the Republican from Homosassa. "This is becoming a fairly wide scam in Florida.''

Antonio Vurro owned an empty rental home in Sunrise that he was trying to sell when he discovered in February that someone had moved in, changed the locks and was trying to open a utility account.

"There were boxes all over the place and a mattress in each room,'' Vurro said in a recent interview. "This is not right. It's my house.''

The occupant, Fitzroy Ellis, told Vurro he was entitled to take over the home because it was abandoned. Police disagreed, and Ellis, 64, is now in the Broward County Jail charged with six counts of grand theft.

Ellis tried to claim a total of 48 properties in Broward, including a $1 million house in Coral Springs, through a company he formed called Helping Hands Properties Inc., county official records show. He told a Plantation police detective he planned to rent out the houses and condos and could offer tenants a good price "since he didn't have to pay anything for the homes,'' according to a police report.

Ellis, who is representing himself, wrote in court documents that the allegations against him are "false and an abuse of power.''

Another South Florida man, Mark Guerette of Wellington, filed notice in official county records that he was taking possession of 100 homes in Broward and three in the Palm Beach community of Lake Worth through Saving Florida Homes Inc. and two other companies. On one day last November, he filed takeover notices on 10 condos in the same North Lauderdale complex at 1200 SW 52nd Ave., records show.

Police say Guerette, 46, rented out six of the properties and collected more than $20,000 from tenants before he was arrested in April. He has pleaded not guilty to a charge of organized scheme to defraud.

His lawyer, Robert Shearin, said Guerette is nothing more than a good Samaritan, rescuing blighted homes.

"The banks are letting these properties go down the tubes,'' Shearin said. "Here's a guy trying to help out, and he ends up in jail.''

New twist, old law

The attempted takeovers are more fallout from Florida's declining housing market, said Dennis Koehler, a West Palm Beach lawyer.

"People who are upside down just choose to leave the property, let it sit," he said. "Some people have decided, 'Hey, this is an opportunity for me.' "

The opportunity involves a new twist on a very old law, dating to 16th-century England. Adverse possession allows non-owners of a property to eventually take ownership if they pay the taxes, occupy, maintain and improve the land for a period of years – seven in Florida. The purpose was to prevent abandoned properties from sitting idle with no one paying taxes on them.

It's been used mostly to take over abandoned farmland or settle boundary disputes, such as a fence or building encroaching on a neighbor's property.

In theory, vacant houses can also be taken through adverse possession, if the seven-year window passes and the property owner makes no attempt to pay the taxes or liens – an unlikely scenario, especially when a bank is laying claim through foreclosure, property experts say.

And claimants risk breaking other laws if they trespass, break into a home or try to collect rent without being the actual property owner.

Even if someone claiming adverse possession manages to legally occupy a home and pay taxes on it, "an owner could come in the sixth or seventh year and say, 'I want my property back,' " Koehler said.

Koehler said he was hired by a West Palm Beach man, Carl Heflin, to provide legal advice on taking over homes through adverse possession. Koehler told the Sun Sentinel that he outlined a series of steps Heflin would need to take and stressed that he "couldn't just move in and squat.''

But that's exactly what Heflin did, according to the Palm Beach County Sheriff's Office.

Beginning in December 2008, Heflin filed adverse possession notices on properties in West Palm Beach and even submitted deeds declaring ownership of 27 of them, police and court records show. He also moved his computer into a law office of a now disbarred attorney and changed the locks, the records say.

"When he told me about that,'' Koehler said, "I dropped him as a client like a hot potato.''

Danielle Rubio said Heflin duped her into believing he was a legitimate landlord and in April 2009, she rented a three-bedroom home from him. The home was in disrepair, Rubio said, and Heflin's ex-wife Cheryl collected a deposit with the promise to fix it up.

Rubio and her family spent just a few hours in the house when her 2-year-old son got sick from mold and was hospitalized, she said. Seeing little progress on the home in the following days, Rubio said she started checking Heflin out and tracked down the owner of record, who told her the house was in foreclosure and he had no tenants.

Rubio said Heflin refused to return her money, about $1,200, and she moved her family in with a relative.

"We were with my aunt two months before we could save enough to get a place,'' she said. "We gave all the money to [the Heflins].''

Heflin, 52, was arrested last summer and is scheduled for trial June 21 on multiple counts, including organized scheme to defraud. Two associates, George Chambers and Sue Ann Smith, pleaded guilty in March to petty theft and as a condition of their probation must testify against Heflin.

Heflin and his attorney could not be reached for comment. Heflin's ex-wife has not been charged and declined to comment. "I don't care to speak to you about any of this,'' she said.

"It's scary that people can just take your money without even thinking about it,'' Rubio said. "We never thought we would ever be in something like that. The paperwork looked legitimate.''

Ex-cons involved

Similar problems have occurred in Florida's St. Lucie and Pasco counties, in Las Vegas, Nev., and southern California. (they should add Washington, too)

A squatter citing adverse possession took up residence last month in the former home of the mayor of Deltona in Volusia County. The house had been foreclosed on and sold when a woman moved in, hooked up cable television and refused to leave until sheriff's deputies forced her out and gave her a trespass warning.

In South Florida, those trying to take properties have included people with criminal records, experience in real estate, or both.

Heflin told a sheriff's detective he had "always been interested in real estate'' and worked in 2007 for a company that secured foreclosed properties for banks.

Guerette had been an officer in property management, mortgage funding and real estate companies, corporation records show. He was convicted of misdemeanor and felony theft charges in 1994.

Adverse possession even lured a Hollywood man with ties to the mob.

Joseph Spitaleri was a member of the Trafficante organized crime family when he was convicted of racketeering in 2001, sentenced to nearly five years in federal prison and ordered to repay $1.7 million. He was one of 19 people named in a wide-ranging indictment that included charges of laundering money through mob-controlled check-cashing stores in Broward County.

In February, Spitaleri filed adverse possession notices on 14 Hollywood homes and one in Fort Lauderdale through Saving Florida Neighborhoods Inc. His son, Michael, claimed 13 other properties through his company, MAS & Son Inc., records show.

Joseph Spitaleri withdrew his claims in March, and his son gave up all but four of his last month.

One of the homes Joseph Spitaleri claimed ownership of is on Hollywood's South Lake and is currently under contract to be sold for $1.2 million, said real estate agent Mike Harris. He said he learned of the adverse claim through another Realtor, and the owner's attorney "contacted the outfit that was trying to steal this property'' and cleared the title.

Joseph Spitaleri could not be reached, but was "not really involved'' in the adverse possession claims, his son said.

"I canceled everything [for him] and had it all in my name,'' Michael Spitaleri said. He declined to answer further questions.

Hollywood police are investigating Michael Spitaleri's property claims, said spokesman Lt. Manny Marino.

Politics killed solution

For property owners, consequences of adverse possession can be costly. A claim can cloud the title and affect future sales, forcing the owner to hire an attorney and in some cases go to court.

One Polk County nursery owner has spent more money fighting an adverse possession claim than his property is worth, said county Property Appraiser Marsha Faux. Polk holds the state record for the most adverse possession claims – 613 -- many in unplatted subdivisions that are delinquent in their property taxes.

"Most are foreign owners, and they thought one day it might be developed and it would be close to [ Walt Disney World] and they'd make a fortune,'' Faux said. Others are properties in use by the actual owners but someone beat them to paying the property tax bill, she said.

The judiciary committee of the Florida Senate warned of the potential abuses of adverse possession last fall. Rep. Schultz, a former property appraiser, introduced legislation to stop them, including requiring all property owners to be notified when a claim is made and preventing non-owners from paying a tax bill until it becomes delinquent.

The bill, co-sponsored by Sen. Paula Dockery, cleared the Senate unanimously but died in the House the last day of the legislative session, April 30.

Schultz said a House leader told him the sponsors were the problem. Dockery, a Republican from Lakeland, was running for governor, but the preferred candidate of the House leadership was Attorney General Bill McCollum, Schultz said.

And Schultz said he angered leaders by voting against their priorities, including bills tying teacher pay to student test scores and requiring pregnant women to get an ultrasound before an abortion.

"When you are the lone 'no' vote among Republicans, you can expect to be noticed, and your bills have a certain aroma,'' Schultz said. "I was quite disappointed. It was a general purpose, anti-fraud bill and it didn't get a hearing.''

Palm Beach County Property Appraiser Gary Nikolits said the "political payback'' has hurt all Floridians.

The proposed law "had statewide consequences and had benefit for all taxpayers,'' he said, "so shame on the leadership.''

Database specialist Dana Williams contributed to this report.

Sally Kestin can be reached at skestin@SunSentinel.com or 954-356-4510.

Using Adverse Possession to Steal

2010-06-13T15:32:00.000-07:00

Finally - the media is starting to report on how people are perverting the law of adverse possession to steal land! We need more data to show how widespread the corruption is behind legalized land theft.

Direct from the Florida Sun Sentinel:

Four groups operating in Broward and Palm Beach counties filed at least 198 adverse possession claims in an attempt to take over $28 million in real estate from January 2009 through March 2010. The properties ranged from a North Lauderdale condo valued at $15,260 to a Hollywood home assessed at $1.3 million.

The question I have is who are these people? Who is Fitzroy Ellis? Who is Mark Guerette? Who are Carl and Cheryl Heflin? Who is Cleve Nembhard? Who is Dolores and Daniel Romero? Who is Joseph Spitaleri? Who is Julia Elva? Who is Misty Hall, Sarah Leon, Theresa Darius, and Vivian Muniz? According to the 198 adverse possession claims filed - these are people who are taking land without paying a dime for it. They are perverting the law to steal.

Stop the corruption, thievery and greed; help end adverse possession now!

Florida Responds Fecklessly to Adverse Possession

2010-03-31T15:49:00.000-07:00

In the wake of the highly publicized story of a former Real Estate agent taking homes under the guise of adverse possession, and then renting these homes to unwary suspects, new legislation has been drafted in Florida to help prevent such dastardly deeds. Unfortunately, this new legislation is far too little to be of any substantive change in ending legalized land theft in Florida.

These new bills, HB 887 and SB 292 only add the following:
Adverse Possession: Requires person seeking property by adverse possession to send to property owner of record copy of return filed with property appraiser; requires property appraiser to cancel return if person does not submit proof of mailing; provides exception.

This is a start, but clearly does not go far enough in abolishing legalized land theft.

Today, this story appeared in The Ledger, "Some Say Florida Land Tax Law is Unfair to Owners"

The best quote in it, is the very first line:

"A 19th century law that worked well on the open range is causing some problems in the 21st century." -- So True!

This is a great article to read, as it illustrates the problem Florida has with people literally stealing property from unsuspecting owners. I've talked to a few people in the Sunshine state. It sounds more like the Wild West -- pure lawlessness -- all for greed and stealing land.

What really should be the wake up call is all of the out-of-state homeowners or soon-to-be retirees. Think about it. You bought your dream lot (say $99 down and $99 a month), and now you're going to retire and build your home on land that may already belong to someone else.

Wake up Florida -- when droves of retirees find out their "dream" retirement spot has been stolen, you can count on stronger legislation than HB 887!

Clouded Title with a Chance of Encumbrances

2010-03-30T15:32:00.000-07:00

Life is so ironic.

This is my personal post about our neighbor, Angie Lynn who at 11951 Miller Rd NE, Bainbridge Island, WA sued us for adverse possession. In fact, her lawsuit sparked the whole reason to create "End Adverse Possession Now."

Because of our neighbor-to-neighbor lawsuit of legalized land theft (aka adverse possession), my wife and I went through the same hell that thousands of people go through every year. It is for this reason, we know adverse possession so intimately and personally. No politician can appreciate having their land stolen until they experience a neighbor, like Angie, using such an arcane law to steal something that was never paid for.

But, I digress... the irony here is that we settled with Angie. Our lawsuit is over and done. Despite her claims of being a "good Christian woman" she was more interested in stealing our property than being a good neighbor. However, in the whole legal process of signing quit claims and boundary line adjustments, it appears that our mortgage now encumbrances HER title.

What's funny is that the land she fought to steal from us is now encumbered by our mortgage, which puts a cloud on her title. Normally, that might not be a big thing, but recently, she decided to put up for sale her house (and the land that she fought so hard to take from us).

But, as you and I know, most people won't buy a house with a cloudy title. It's a recipe for disaster.

Which brings me to the irony of it all. If Angie decided not to sue us for adverse possession, this whole thing would have never been a problem. But, because she thought the law gave her a right to take something that she didn't pay for, and now she's stuck with a property with a clouded title.

Good luck in selling that house. Maybe the lesson learned from all this is that greed and adverse possession is a sure fire recipe for problems to come. Another reason why adverse possession needs to end now.

Why Adverse Possession Needs to End Now

2010-02-18T10:27:00.000-08:00

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

2010-02-11T16:43:00.000-08:00

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!

2010-02-11T09:14:00.001-08:00

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

2010-02-08T12:57:00.001-08:00

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

2010-02-05T12:01:00.000-08:00

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.

WA HB 1479 - Stays Alive

2010-01-31T12:16:00.000-08:00

Good news... Washington state House Bill 1479 has been "by resolution, reintroduced and retained in present status" for the 2010 year. This means that there has been sufficient interest and public demand in Washington to keep HB 1479 alive! Congratulations to everyone who contacted their state representative or more importantly, those who contacted the following House Judiciary Committee Members.

However, this does not mean our fight is over in Washington. Rep. Pedersen still is the roadblock in abolishing this repugnant law. Please contact and continue to contact the House Judiciary Committee Members, and in particular, Rep. Pedersen, in order to end legalized land theft in Washington.

Lastly, I compliment Washington for making it easy to track legislation changes. Here is the RSS Feed page so you can follow HB 1479 directly.

Changing History One Vote at a Time

2010-01-30T16:10:00.001-08:00

I once heard that "a walk of 1,000 miles begins with one step." In the case of ending adverse possession, the journey begins with one vote. That is how this repugnant law will change -- by the votes of those who control legislative power -- those who hold the seats in State Justice Committees.

In Virginia, the key votes to ending legalized land theft are all listed on this page: http://www.richmondsunlight.com/committee/senate/courts/

These 14 people who comprise the Senate Courts of Justice Committee determine whether people in Virginia can legally steal their neighbor's property -- OR -- these 14 people can do the right thing and abolish legalized land theft for good in Virginia.

Please, e-mail or call each of the 14 people (a simple click on the link above will allow you to directly e-mail each person). Ten minutes is all it takes to tell them that you support SB 67 and that adverse possession needs to end now.

We are 14 steps closer to ending legalized land theft -- 14 votes away from changing history!

Virginia Legislation to End Adverse Possession

2010-01-13T07:43:00.000-08:00

This is VERY exciting to see! In the news today, Virginia Senate Bill 67 stands to follow Washington State's Bill, HB 1479, to completely abolish adverse possession! Clearly, it is time for legislators to follow suit, listen to the people, and put an end to one of the most unfair and unnecessary laws of our time.

Here is the actual text of the proposed Virginia Senate Bill: http://richmondsunlight.com/bill/2010/sb67/fulltext/

Kudos to VA Senator, McEachin!

Letters to the Editor

2009-12-08T16:20:00.001-08:00

I received an interesting e-mail today from of all people, a land surveyor, Sean Joyce of Joyce Surveying and Mapping Associates. He copied me on a letter to a reporter, Kathie Durbin of the Columbian Newspaper in Washington.

In particular, Mr. Joyce took offense to Ms. Durbin's article, "Law Sparks Boundary Wars"

Quoting Mr. Joyce he believes the news article should be entitled, "Inept attorneys spark boundary disputes." Sadly, Mr. Joyce is blinded by his own bias of being a land surveyor. As the issue with adverse possession has nothing to do with "inept" attorneys. The fundamental issue is that adverse possession is an unfair, immoral and unnecessary law that need not exist anymore.

In his letter to the editor, Mr. Joyce fell into the same logical trap that so many people fall into. His argument is that because adverse possession has been around for hundreds of years, it must be a good law. This is the logical fallacy known as an "Appeal to Tradition."

In essence, it was the same logic that was used to support why slavery should exist. After all, it had been legal to own slaves in the United States for decades. Why change?

Adverse possession is just as repugnant and immoral as slavery. Yet today, the same supporters of adverse possession use the same logic and ill-formed arguments to keep it alive.

I can not change Sean Joyce's viewpoint as his opinion is based on emotion rather than truth. I suspect that other, narrow-minded individuals will cling onto this 800 year old belief that legalized land theft is acceptable.

But, at the end of the day, who I have to praise is Kathie Durbin and other reporters who have the courage to write about this pernicious law. For legalized land theft to end, people need to share their stories -- to editors, lawmakers, heck - even land surveyors. And likewise, we need those letters to the editors to show the human side and detriment of what legalized land theft is all about.

Democrat Confusion about Change

2009-11-12T06:21:00.000-08:00

Most people would probably agree that NPR is a liberal media outlet. And most would agree that liberal Democrats are in favor of change... heck, CHANGE was the mantra of our President Obama's campaign.

Yet, there is one Democrat in Washington state, Jamie Pedersen, who is firmly set against change... well, at least change that does not upset his campaign contributors -- lawyers and lobbyists. It boggles the mind how this liberal Democrat is so entrenched in keeping the status quo when it comes to legalized land theft. That is a shame.

"Change," Mr. Pedersen. That is what the people want. Perhaps you should listen to NPR more often!

Adverse Possession and Greed

2009-11-11T06:32:00.000-08:00

From our research, we are finding out that the majority of people are unaware of adverse possession, however there are those in the legal community and real estate profession who know this law intimately.

Interestingly, those who know about adverse possession also seem to be the ones who want to exploit legalized land theft for their own personal gain.

In Nevada, a former real estate agent, Eric Alpert, decided to use a claim of adverse possession to make money. Interestingly, he did it not to actually steal property, no - he used it as an attempt to claim ownership of homes that he would then rent out to unknowing victims.

The whole story of greed is here in the Las Vegas Review Journal: http://www.lvrj.com/business/ex-agent-arrested-for-renting-homes-he-didnt-own-63393017.html

Bottom line - there is a direct correlation between adverse possession and greed. Whether a greedy neighbor claims adverse possession to steal land that they never owned nor paid for, or its a former real estate agent using it to run a rental scam like Eric Alpert, the point is adverse possession promotes greed in ways that outweigh any benefit to society. It is time for adverse possession to end now!

Another Couple Loses Land to Adverse Possession

2009-10-06T17:00:00.000-07:00

Again, it is time for adverse possession to come to an end. Here is another example of a couple in Pennsylvania who has lost their investment to legalized land theft!

http://www.standardspeaker.com/news/couple_loses_land_to_squatter_s_rights_law

I think her quote sums up the experience of losing your land to a neighboring thief...

"It's just not ethical," she said. "I wouldn't do that to somebody. It's so much like stealing. (The neighbors) didn't pay the taxes on it, nor did they have the deed. We paid the taxes on it, all those years.
"I think people should be made aware that this law exists," she continued. "I don't want to see this happen to someone else. We should teach children in school skills they will need to live, like how to balance a checkbook and how the stock market works. We should also teach them about the law."

News Coverage Hits the Mark

2009-09-16T05:56:00.000-07:00

Yesterday, End Adverse Possession Now announced its formal support and endorsement for Washington state House Bill 1479, which would put an end to adverse possession (aka legalized land theft) claims in Washington.

I'm pleased to say that this announcement garnered widespread online pick-up, and more interestingly, it got a couple of placements in two key political/state legislative sites.

Lastly, this announcement touched another citizen who is also facing a neighbor stealing his property. In support of our cause, he too is making a donation to help us fight against and eradicate legalized land theft. Thank you for your donations!!

Here are a few of the highlight links:

Your contributions and donations help us inform the public and change legislative policy. If you want to help end this repugnant law, you can help us here: EndAdversePossession.org

Who do Representatives Really Support?

2009-09-11T12:53:00.001-07:00

Last week, I had the pleasure of talking with Representative Ed Orcutt, who is the Washington state sponsor of bill HB 1479, which is an act that would end legalized land theft (aka adverse possession) in Washington state.

All politics aside, Mr. Orcutt is one top-notch representative (all other representatives, please take note).

Last time I checked, we live in a representative democracy, where the PEOPLE elect those to represent OUR needs, wants and desires. This way, laws are passed that reflect the majority of the population.

In sponsoring HB 1479, Mr. Orcutt is doing exactly what his duty requires - to create laws that the populace wants.

In fact, Mr. Orcutt was kind enough to provide End Adverse Possession Now with a quote regarding his views on HB 1479 and ending legalized land theft.

“I have seen the cost and headaches suffered by homeowners as they try to defend their property from taking via adverse possession and the resulting heartache when they lost it anyway – for no valid reason,” says the bill’s prime sponsor, Rep Ed Orcutt (R) Kalama. “It is a law that made sense in ancient times but has little or no value today. It is an issue which needs to be addressed by the legislature to fit modern times – before it tears apart more families and neighborhoods."

This stands in stark contrast to Rep. Jamie Pederson, whom I have also shared communications with. Mr. Pedersen, a lawyer by trade and Yale Law School graduate, advocates legalized land theft, and despite numerous e-mails and calls to his office by many constituents in Washington, Mr. Pedersen instead sides with the attorneys who have so much to lose if HB 1479 passes.

And, that is the issue... instead of being a representative of the PEOPLE, Mr. Pedersen prefers to represent his attorney friends (the same, which by the way who contributed significantly to his election).

We stand on the cusp of new legislation, HB 1479, which would end legalized land theft. It is time that our representatives do the right thing, and show their support of this bill that represents fairness and justice for all.

Adverse Possession Forum

2009-09-09T06:18:00.000-07:00

I am very excited to state that End Adverse Possession Now has launched a web-based user forum so that people can share their experiences about legalized land theft. As well, it establishes an information repository so that legislators and other industry influencers can see first hand how damaging adverse possession is and its negative impact on people's lives and their communities.

Adverse possession is repugnant and like other reprehensible laws of history, like slavery, it needs to end now!

Here is the link to our forum: http://www.eapnow.org/phpbb/

We've already got a couple of real life stories of people who have been affected by legalized land theft. We need your story to bring adverse possession to an end!

Washington's House Judiciary Committee

2009-09-03T06:13:00.000-07:00

For House Bill 1479 to pass, these people must move the bill out of committee and to the floor.

These Representatives comprise the Washington State House Judiciary Committee:

By clicking on each name, you can get each Representative's contact information.

Please contact all of the above members to let them know YOU SUPPORT HB 1479. LEGALIZED LAND THEFT NEEDS TO END NOW!

Battleground - 43rd Legislative District

2009-09-02T14:27:00.001-07:00

This map is the key to ending legalized land theft in Washington state. It is the 43rd Legislative District in Seattle.

There is a bill, HB 1479, that effectively ends the law of adverse possession in Washington. However, it sits in the House Judiciary Committee, which is headed up by Rep. Jamie Pedersen of this very District.

If Pedersen truly is a representative, then he needs to listen and follow his constituents, who want adverse possession to end now. Getting this bill out of the Judiciary Committee and onto the floor for a vote is critical to ending legalized land theft!

Tell Pedersen (pedersen.jamie@leg.wa.gov) that HB 1479 needs to pass!

Better still, ask him why he thinks stealing property is okay? You're likely to get a canned response about adverse possession is not a bad law; it's the homeowner's fault, or that it is similar to having someone take a necklace from you, or some other nonsense answer.

Bottom line is that Pedersen needs to understand stealing is wrong, period.

If you live in this zone or know of someone who does, please have them contact Reps. Jamie Pedersen (pedersen.jamie@leg.wa.gov), Frank Chopp (chopp.frank@leg.wa.gov) and their district Senator, Ed Murray (murray.ed@leg.wa.gov).

If HB 1479 is going to end adverse possession in Washington, it will all come down to those who live in this district informing Mr. Pedersen that legalized land theft needs to end now!

New Volunteer Joins End Adverse Possession Now

2009-09-01T05:53:00.000-07:00

End Adverse Possession Now continues to grow at an alarmingly fast rate!

I am pleased to announce that we have a new volunteer who joined within days of our official launch announcement (see this link in the Puget Sound Business Journal): http://www.bizjournals.com/seattle/prnewswire/press_releases/Washington/2009/08/25/SF65501

The support of volunteers and contributions are key to our success and ability to fight against legalized land theft.

I look forward to more volunteers joining our cause and helping to change history by abolishing this reprehensible, outdated and unnecessary law of adverse possession. - CM