News for hackers. Stuff that matters.
Re:A $330,000 home for $16? Texas adverse possession law by _delirium on Saturday July 16, 2011 @01:02PM (#2771109)
At least as it currently stands, this case seems to mostly have to do with difficulties of eviction, especially when the house is in a weird ownership status. He hasn't been living on the land nearly long enough to actually have any real rights through adverse possession (roughly, "squatter's rights"), and could be evicted by the owner at any time. He just seems to think, possibly correctly, that eviction is unlikely for a variety of reasons, and so hopes to stay long enough that adverse possession will become relevant, if he de-facto lives in the house long enough without being evicted.

The main thing that keeps him "legal" in a certain sense is that, due to particularities of Texas law, once he's filed that document, it's a civil dispute over ownership, not a criminal case, so police won't evict him for trespassing unless a court resolves the civil dispute first, and orders eviction. He's betting that nobody is going to get around to pursuing that case, even though they would probably win if they did (since he does not in fact own the property, either de jure or through sufficiently long de-facto possession).

Re:A $330,000 home for $16? Texas adverse possession law by dctoedt on Saturday July 16, 2011 @03:01PM (#2771419)
Under Texas law it likely will take 10 years for the squatter to acquire title via adverse possession.[1][2] In the meantime, whoever is the true owner can sue in civil court at any time to have the squatter evicted.

I can see why the police didn't want to get involved when it was only the neighbors who complained. If the record owner were to complain (the one who walked away), the police might well arrest the squatter for trespassing.

[1] http://www.lonestarlandlaw.com/Adverse.html

[2] http://en.wikipedia.org/wiki/Adverse_possession

Re:A $330,000 home for $16? Texas adverse possession law by tptacek on Saturday July 16, 2011 @03:53PM (#2771584)
In Illinois you get 20 years, and must possess the property continuously, in actuality, open and notoriously and exclusively. The occupation also must be hostile. In all these regards, the burden of proof is on the person trying to claim adverse possession.

My question for you, as a lawyer who might know this: can you beat an adverse possession claim simply by giving the squatter permission? Would a written notice permitting occupation for, say, 60 days, reset the clock on "continuous hostile actual occupation"?

Re:A $330,000 home for $16? Texas adverse possession law by dctoedt on Saturday July 16, 2011 @05:12PM (#2771828)
> must possess the property continuously, in actuality, open and notoriously and exclusively.

That's pretty much the law everywhere in the U.S. (save perhaps Louisiana, which has a system rooted in Napoleonic law and not English common law). The mnemonic is ONCHA - open, notorious, continuous, hostile, and adverse.

> can you beat an adverse possession claim simply by giving the squatter permission?

I don't recall any cases off the top of my head. I doubt that an owner could unilaterally transform hostile possession into non-hostile possession; it'd be too tempting for the owner to try to fabricate backdated evidence of consent.

(Your question brought to mind a line from Henry Fielding, which my torts professor used to illustrate how consent is sometimes a defense: He in a few minutes ravished this fair creature, or at least would have ravished her, if she had not, by a timely compliance, prevented him. [3])

[3] http://quotationsbook.com/quote/35415/

Re:A $330,000 home for $16? Texas adverse possession law by fleitz on Saturday July 16, 2011 @06:28PM (#2771966)
Given the article it sounds like he's satisfied all of the conditions, everyone wants him out (hostile), he's filed the paperwork (open), he's had it written about in the paper (notorious), and he's established residence by camping in the living room.

Even if he doesn't get the house he's still living rent free.

Re:A $330,000 home for $16? Texas adverse possession law by Estragon on Sunday July 17, 2011 @08:10AM (#2773152)
Rent free, but living without water and electricity (not to mention the respect of your neighbors) has got to suck, especially in Texas.
Re:A $330,000 home for $16? Texas adverse possession law by stcredzero on Monday July 18, 2011 @01:43PM (#2777248)
In South Carolina, I met a cabbie who was renovating a big Federal style house in the north part of town. No furnace, and certainly no AC. He was also camped out in the living room, and doing all of the work himself. Got a $20,000 community reinvigoration loan from the government to help him out.
Re:A $330,000 home for $16? Texas adverse possession law by derleth on Sunday July 17, 2011 @05:57AM (#2772987)
> can you beat an adverse possession claim simply by giving the squatter permission?

You can beat it with a peppercorn:

> [A] peppercorn rent is often used as a form of nominal ground rent where a (potentially substantial) premium has also been paid on commencement of a long lease of, say, 99 or 125 years (a "virtual freehold"). The notional collection of the annual peppercorn rent helps to maintain a formal Landlord and Tenant relationship between the two parties, precluding the risk of a claim for adverse possession from the tenant arising, were no consideration to be paid for an extended period.

http://en.wikipedia.org/wiki/Peppercorn_%28legal%29

(In this case, a 'peppercorn' is any tiny amount of money or other consideration, which is required to make a contract valid. It may, in fact, be a literal peppercorn.)

Re:A $330,000 home for $16? Texas adverse possession law by espeed on Saturday July 16, 2011 @11:15PM (#2772416)
Could this ignite a Texas land rush to occupy foreclosed homes? Possibly. But what would happen if the new occupants struck deals with the owners for them not to complain?
Re:A $330,000 home for $16? Texas adverse possession law by datboi448 on Sunday July 17, 2011 @12:54AM (#2772581)
Right of redemption laws allow the original owner of a foreclosed house to seek redemption on the property if they are able to come up with the money they need in a specified amount of time. The redemption is transferable and in essence is just as powerful as having the deed of the property itself.
Re:A $330,000 home for $16? Texas adverse possession law by barkingcat on Saturday July 16, 2011 @03:26PM (#2771496)
I think his assumption is that the owner wouldn't want to "out" themselves as they are on the lamb from tons of mortgage back payments. Once the owners emerge from "MIA" to try to get him off the property, the bank would sick their lawyers on the owners.

So in this case, it's a matter of "I dare you to come clear me out from your house - but if you do, here are some banks that would be really interested in your current phone number"

Re:A $330,000 home for $16? Texas adverse possession law by enjo on Saturday July 16, 2011 @04:57PM (#2771791)
I'd bet that they could get the court records sealed in this instance.
Re:A $330,000 home for $16? Texas adverse possession law by tankenmate on Saturday July 16, 2011 @06:04PM (#2771933)
Which would last all of about 15 minutes when the banks file against "John Doe" with a motion to unseal.