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

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!

Florida Responds Fecklessly to Adverse Possession

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

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

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.

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

Letters to the Editor

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

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

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

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."

Who do Representatives Really Support?

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

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!

Battleground - 43rd Legislative District

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

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