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Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by kelnos on Thursday July 09, 2020 @06:14PM (#23785873)
I agree with you on the legal aspects, but the mind-bending bit is that the neighbor's actions -- at the time -- were not legal (because no, it is not legal to build structures on someone else's property without their permission), but because it was left to sit that way for some period of time, the result of those actions -- a de facto redrawing of property lines -- has become the new legal status. Which, honestly, sounds completely bonkers to me.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by wbl on Thursday July 09, 2020 @09:25PM (#23787208)
Otherwise you could wake up and discover that a structure you built 30 years ago on land you thought was yours now isn't. The adverse possession law exists to prevent surprises like that.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by kelnos on Friday July 10, 2020 @12:48AM (#23788244)
Reasonable, but shouldn't the real owner of the property be entitled to some sort of compensation regardless? That becomes problematic if you don't have the means to retroactively buy the land from your neighbor, but it doesn't seem fair to just acquire it, free of charge.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by basilgohar on Thursday July 09, 2020 @10:30PM (#23787566)
I can understand this perspective, but that also means someone else's rights have been trampled over, even if long ago. What's needed is something that prevents this from even happening in the first place.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by jessaustin on Thursday July 09, 2020 @11:07PM (#23787763)
Not everything in life is perfect. The law isn't either, but it's reasonable to attempt to deal with imperfect situations.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by rossdavidh on Thursday July 09, 2020 @07:38PM (#23786532)
As I understand it, there is a similar situation legally with regard to copyrights, trademarks, etc. If you don't enforce them, eventually, they are no longer considered valid. Note that IANAL and I haven't investigated this in depth.

I think the idea is that most people aren't computers processing laws as if they were code; most humans have to primarily go by what they see happening around them in order to decide what is ok. If they see lots of cars going down a road, eventually they assume that it is public property, even if they never check the public records to see if it is. Similarly with lots of other things.

But, crucially to the Supreme Court's majority decision, you have to have a law saying that this is so (for real estate or intellectual property or whatever), for it to be so, and Congress never did that.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by skywhopper on Thursday July 09, 2020 @07:56PM (#23786652)
True for trademarks since by definition it’s a claim on some unique usage of a word or mark. Not the case (anymore, as of 1976) for copyright, at least in the US.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by pininja on Friday July 10, 2020 @01:00PM (#23793586)
The lone “Standard Oil” gas station in San Francisco is good example of Chevron holding onto a unique usage of that trademark.

https://www.atlasobscura.com/places/standard-oil-gas-station

EDIT: they have one each in 16 states, so not exactly “lone”

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by baddox on Thursday July 09, 2020 @07:15PM (#23786380)
> because it was left to sit that way for some period of time, the result of those actions -- a de facto redrawing of property lines -- has become the new legal status

Yes, the point is there is a specific law that says this, and it's really not that unreasonable, since precise property boundaries are always ultimately conventional.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by kelnos on Thursday July 09, 2020 @09:18PM (#23787162)
Property boundaries affect home value, though. The parent who brought this up bought a house with the understanding that he would have X square feet of land, but it turns out, due to this weird situation, he only has some Y (< X) square feet. Presumably he might have wanted to pay less for that.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by sergers on Thursday July 09, 2020 @10:24PM (#23787533)
I would go after the realtor. If they sold you a house with X sqft, and you actually get Y sqft, I would say the realtor is liable.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by jessaustin on Thursday July 09, 2020 @11:10PM (#23787781)
The realtor will blame the title insurance firm and will be out of the picture. The title insurance firm will claim they did nothing wrong, and that it is the landowner's actions (or inactions) that have caused the landowner's losses.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by squiggleblaz on Friday July 10, 2020 @05:27AM (#23789658)
Which in this case, it is; the owner sounds particularly upset, but as he tells it the fence was put up shortly before he bought the property. He has sat there for decades without ever having measured it up. Adverse possession takes a long time to come good. All advice about the purchase of property is always to get it surveyed.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by darkarmani on Friday July 10, 2020 @12:55PM (#23793536)
And the owner had a few remedies. The easiest is to quickly grant a revocable right to put a fence there. This makes the possession not adverse (there is no trespass). That makes it temporary.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by tareqak on Friday July 10, 2020 @06:28AM (#23789975)
And, the landowner might have passed away.

I understand the reason why someone might not trust the most local government (municipal, state, federal governments as appropriate) to manage the registry of landownership complete with dates, dimensions, notables features, and owners, but I find it really weird that problem of knowing exactly who owns what is effectively an orphan in the last resort.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by vlovich123 on Thursday July 09, 2020 @07:17PM (#23786392)
There are statutes of limitations on crimes.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by kelnos on Thursday July 09, 2020 @09:24PM (#23787198)
Sure, I'm not saying that it's reasonable to prosecute the neighbor for the prior act of building on someone else's land (though I'm not sure that's a crime; at worst I expect it'd be a form of trespassing, but would otherwise be a civil matter). I'm just noting the weirdness that the legal status of the property was changed through an initially illegal act.

But I guess on second thought maybe it's not that weird? Like if I buy stolen property from someone, and I have no idea that it's stolen, and the original owner comes along wanting it back, it's actually now legally mine, and I'm under no obligation to give it back.

But that's not exactly the same, because in this case the original owner has been harmed, but making the original owner whole would then harm me (an innocent bystander). In the case of the real property issue, "giving back" the land would only harm the person who "stole" it in the first place.

However! If the original "land thief" were to sell the property to someone else, then you're in the same situation. The new owner bought it in good faith, expecting the fenced-in area to truly belong to them, not knowing that the original property lines were drawn such that some of that property actually should belong to the neighbor. So then acknowledging the status quo means hurting the neighbor, but transferring the property back means hurting the new owner (an innocent bystander). At least in this case, the new owner could perhaps sue the old owner for misrepresenting the size of the land.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by vlovich123 on Friday July 10, 2020 @08:10PM (#23798122)
That's again not accurate at all. If you buy stolen property & the original owner makes a claim to it within the statute of limitations, that property is returned to the original owner.

Anyway, as many others have noted, the problem isn't that the statute of limitations hadn't expired. What was actually happening was that the government was regularly breaking the current treaty that was in force. The ruling was that the government has to follow the law or change it but it can't just apply it however it wants.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by rswail on Friday July 10, 2020 @05:24AM (#23789640)
I think it's interesting that a debate about the impact of adverse possession upon the original land owner has resulted from a SCOTUS decision about a Treaty between the United States and an Indian nation.

On what basis was the rest of Oklahoma not "adversely possessed"?

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by dragonwriter on Friday July 10, 2020 @05:34AM (#23789695)
Reservations aren't property of the tribe or nation, they are areas of federal jurisdiction under a Constitutional reserved power within which the tribe and federal government has certain jurisdictional rights concerning members of the tribe, and where the state is excluded from certain jurisdictional rights it would otherwise have over territory within the state.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by mehrdadn on Thursday July 09, 2020 @08:00PM (#23786683)
I understand statutes of limitations are about blocking prosecution of past infringement, not granting a legal right to continuous infringement.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by dragonwriter on Friday July 10, 2020 @05:27AM (#23789656)
If the statute of limitations for conversion has expired, you will no longer be able to recover either the chattel or its value from the converter. The analogy to adverse possession or easement by prescription in real property should be fairly obvious.