DailyDirt: Beating The System…

from the urls-we-dig-up dept

Who doesn’t like a great deal? Every once in a while, a deal that sounds too good to be true, actually pans out. Using bureaucracies to your advantage can be profitable (or just enjoyably satisfying for the vengeful). Here are just a few schemes that folks have (almost) gotten away with.

By the way, StumbleUpon can also recommend some good Techdirt articles, too.

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Comments on “DailyDirt: Beating The System…”

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10 Comments
Anonymous Coward says:

Adverse Possession

This article is FUD. Actually it is flat out incorrect.
It takes more than just squatting in a house for three years to claim this right.

Texas Civil Practices & Remedies Code Sec.16.021 et seq

Among other things, the possessor must be paying all applicable sales tax, the rightful owner could not have tried to evict the possession, and, oh yeah, the possessor needs some kind of deed or title to show that he thought the property was legally his. And it takes more than three years.

This law has a very good purpose. Presume two home owners have a fence between their properties. They each purchase the properties from prior owners. One now wants to build an extension onto his house. He gets a survey done of the property line. Lo and behold, 20 years before, one of the prior property owners put the fence up 10 feet into the other owners property.

The fence line is the new border between the two properties. They both thought it was, both purchased the properties with the understanding that it was, and both have lived with that understanding.

This law prevents a new owner from coming in and forcing you to demolish that garage, because it happened to be over the line that you thought was the line.

Also, for our Texas freind, there is the equitable doctrine of “Clean hands.” he knows it is not his property, and he says he moved in for the purpose of taking the property.
He is also trespassing by the way, and the property owner does not need to be a party.

Nicedoggy says:

Re: Adverse Possession

And the guy is still there and if he reaches 10 years no those things you said there don’t matter anymore.

Quote:

Sharon v. Tucker (1892), the Supreme Court upheld the doctrine of adverse possession. This doctrine, which allows for an occupier of neglected land eventually to assert legal title to that land, supports a dynamic, business-oriented view of land law. It punishes landowners who leave their lands fallow and unproductive and rewards intruders who make profitable, cultivated use of the land.

Source: http://american-business.org/2734-supreme-court-and-land-law.html

Also you can read in there how Indians lost land by those same rules it was not as you claim something to just normalize titles of land ownership it was an instrument created first to deal with Indian-Americans and then to punish foreigners that owned land and did nothing with it, which later on was translated to be anyone who didn’t work the land(i.e. speculators)

There was a time that you couldn’t find a jury in America to condemn a squatter not one.

Other sources:
http://www.justia.com/real-estate/docs/adverse-possession.html
http://en.wikipedia.org/wiki/Homestead_Act
http://en.wikipedia.org/wiki/Squatting_in_United_States_of_America
http://en.wikipedia.org/wiki/Preemption_Act_of_1841
http://en.wikipedia.org/wiki/Homes_Not_Jails
http://en.wikipedia.org/wiki/Take_Back_the_Land
http://squattercity.blogspot.com/

Adverse possession in Texas
http://www.lonestarlandlaw.com/Adverse.html

Quote:

Adverse possession is statutorily defined as “an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person” [Section 16.021of the Texas Civil Practices and Remedies Code (CP&RC)].
In Texas, the statute of limitations forms the basis for adverse possession. If the property owner does not file a suit or otherwise remove the trespasser within a certain period, the possessor receives “full title, precluding all claims” (Section 16.030 of the CP&RC). Oddly enough, four statutes of limitation govern adverse possession.

Ten-Year Statute

The ten-year statute is used more often than any of the others (Section 16.026). The statute bars the owner from filing a lawsuit to recover possession when the property has been held continuously and adversely for ten years by someone who cultivates, uses or enjoys it.

The statute requires no deed for entry and no payment of property taxes. The primary issue is the amount of land the possessor may claim. Different rules apply depending on whether the land was enclosed (fenced) and whether the adverse possessor entered under a recorded deed or memorandum of title.

If the adverse possessor enters without a deed or memorandum of title and the land is not fenced, the possessor may claim no more than 160 acres. If the land is fenced, the adverse possessor may claim all the land under fence if the entire fenced tract is held peaceably and adversely.

Different rules apply when the possessor enters under a recorded (registered) deed or a memorandum of title that contains a legal description of the property. The possessor may claim the entire described tract even though only a part was actually possessed. Possession of part extends the claim to the whole. Fencing plays no role.

Memorandum of title is not defined in the statute. Basically, it is a written document reflecting a transfer of title. A will meets the requirement as does a tax deed issued by the sheriff at a tax sale.

Entry under a forged deed, while excluded under the five-year statute, is recognized under the ten-year statute. Likewise, the ten-year statute recognizes entry under a quitclaim deed while the five-year statute does not.

Source: http://www.ntxe-news.com/cgi-bin/artman/exec/view.cgi?archive=41&num=34056

http://law.findlaw.com/state-laws/adverse-possession/texas/

Nicedoggy says:

Re: Re: Adverse Possession

This:
“And the guy is still there and if he reaches 10 years no those things you said there don’t matter anymore.”

Should read like this:

And the guy is still there. If he reaches 10 years or more none of those things you said there will matter.

Also apparently the owner must initiate the proceedings.

Nicedoggy says:

Re: Adverse Possession

The FUD is yours if the guy stay there long enough nobody will be able to remove him.

See:
Section 16.026 – only needs color of tittle which can be granted by torrens tittles.

Section 16.024
Section 16.025
Section 16.029

Quote:

In Texas, the statute of limitations forms the basis for adverse possession. If the property owner does not file a suit or otherwise remove the trespasser within a certain period, the possessor receives “full title, precluding all claims” (Section 16.030 of the CP&RC). Oddly enough, four statutes of limitation govern adverse possession.

http://law.findlaw.com/state-laws/adverse-possession/texas/

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