Adverse Possession in the News: A Phenomenon of the Great Recession?

Monday's New York Times has a fascinating article about individuals in Florida who are using (or claiming the right to use) the law of adverse possession to assert ownership over abandoned homes.

The article ("At Legal Fringe, Empty Houses Go To The Needy"), by Catharine Skipp, is here.

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Skipp reports that the Florida entrepreneurs (or criminals, depending on one's perspective, since Skipp states that some of these individuals are facing prosecution for trespassing) will generally proceed as follows:

1. Locate properties that are abandoned and falling into disrepair;
2. Write to the owners-of-record to notify them that they intend to claim ownership;
3. Rpair and maintain the house and yard;
4. Pay the real estate taxes; and
5. Lease the property to third-party tenants.

The possessors'/trespassers' legal theory is that if they occupy and maintain the property for the period of time required under the Florida law of adverse possession, then title to the property will ultimately be vested in them.

Skipp's article provides a nice summary of the legal and practical arguments for and against the practice.

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In Virginia, acquiring title by adverse possession requites a purported owner to satisfy the following six requirements (our prior post with additional details is here):

1. An individual claiming ownership by adverse possession must prove actual possession of the disputed property.
2. An individual claiming ownership by adverse possession must prove visible (or, to put it more colorfully, notorious) possession of the disputed property.
3. An individual claiming ownership by adverse possession must prove exclusive possession of the disputed property.
4. An individual claiming ownership by adverse possession must prove hostile possession of the disputed property.
5. An individual claiming ownership by adverse possession must prove that he or she asserted a "claim of right" to use of the property.
6. An individual claiming ownership by adverse possession must prove that he or she satisfied all of the other requirements continuously for a period of at least 15 years.