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Author Topic: only difference between a cult and a religion is the amount of real estate

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Offline Private

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“The only difference between a cult and a religion is the amount of real estate they own”. Frank Zappa


Now might be a good time to consider land grabbing for Creativity.


--- Food crop gardens in the yard, sell to a market vendor, use the funds for support.


A Squatter's 50 State Guide to Stealing Property by Adverse Possession.
http://shwagr.com/posts/a-squatters-50-state-guide-to-stealing-property-by-adverse-possession


What is Adverse Possession?

In common law, through the legally recognized concept of adverse possession, a squatter can become a bona fide owner of property without compensation to the owner. Adverse possession is the process by which one acquires the title to a piece of land by occupying it for the number of years necessary, dictated differently in practice by each state’s statute of limitation for an eviction action. A necessary component of this transfer of ownership requires that the landowner is aware (or should be aware) of the land occupation[citation needed] and does nothing to put an end to it. If the land use by the new occupant goes unchecked for the said number of years, the new occupant can claim legal rights to the title of the land. The occupant must show that the “possession is actual, open, notorious, exclusive, hostile, under cover of claim or right, and continuous and uninterrupted for the statutory period.”

The Following Must Be Proven

Actual – You actually acted in the manner of an owner of the property.

Open & Notorious – You engage in acts of possession consistent with the property at issue in a manner which was capable of being seen. (This does not mean that you must have been observed in your acts of ownership but, had the actual owner or members of the public been in a position to see you, your acts must have been observeable). You need not use the property in a manner that exceeds that which would be expected of the actual owner – that is, it may be possible to claim adverse possession of a vacation property on the basis of use only during the vacation season, or to claim adverse possession of a vacant parcel of land by engaging in typical acts of maintenance for the parcel.

Exclusive – The adverse possessor does not occupy the land concurrent with the true owner or share possession in common with the public. One does not have to exclude others from the land in order to claim “exclusive” use, but during the statutory period the person claiming title by adverse possession must have been the only person to treat the land in the manner of an owner.
Hostile – Hostility exists where a person possesses the land of another intending to hold to a particular recognizable boundary regardless of the true boundary line. That is, possession is “hostile” to the title owner’s interest in the property. If possession was not hostile, it may still be possible to advance a claim of ownership under a theory of “acquiescence”. You cannot claim “adverse possession” if you are engaged in the permissive use of somebody else’s land.
Under Cover of Claim or Right – Either when the person claiming the property makes the claim based upon constructive possession under color of title (e.g., there is an error in the legal description in their deed leading them to believe they own part of a neighboring property), or makes the claim based upon actual use and possession of the area of land at issue for the statutory period
Continuous & Uninterrupted – All elements of adverse possession must be met at all times through the statutory period in order for a claim to be successful. It may be possible to claim adverse possession even if there is a transfer of ownership through the principle of “tacking” – for example, a former owner’s twelve years of adverse possession can be “tacked” to the present owner’s eight years, for a cumulative twenty years of adverse possession.
The Statutory Period – The statutory period, or “statute of limitations”, is the amount of time the claimant must hold the land in order to successfully claim “adverse possession”.
Common Defenses to Adverse Possession
While the following list is far from exhaustive, these defenses are very often brought in adverse possession actions:


Permissive Use – If the actual owner has granted the claimant permission to use the property, the claim of “adverse possession” cannot be deemed “hostile” and thus fails.
Public Lands – Government-owned land may be exempt from adverse possession.
Insufficient Acts – Although it is conceded that the claimant engaged in some use of the property, it is alleged that these acts were not sufficient to amount to acts suggesting a claim of ownership.
Non-Exclusive Use – Although it is conceded that the claimant engaged in some use of the property, it is alleged that others (usually the property owner) also used the property in a manner consistent with that of the landowner.
Insufficient Time – Even if various elements of adverse possession were met, it is alleged that the adverse possession did not last for the full statutory period, or that the adverse possession was interrupted by a period of non-use.


50 State Time Period Required for Occupation to Claim Ownership of Land


Alabama


20 yrs. Bradley v. Demos 599 So.2d 1148 and Color of Title: 10 yrs. and Payment of Taxes: 10 yrs.


Alaska


and Color of Title: 7 yrs.


Arizona


2 yrs. (if occupied with no claim to title)and Color of Title: 3 yrs. or 5 yrs. if city lot


Taxes plus cultivation: 5 yrs.; Cultivation only: 10 yrs.


Arkansas


7 yrs.Can’t eject after 5 yrs.


California


and Payment of Taxes: 5 yrs.


Colorado


18 yrs.and Color of Title/Payment of Taxes: 7 yrs.


Conneticut


15 yrs.


Delaware


20 yrs.-


Florida


and Color of Title: 7 yrs. and Payment of Taxes: 7 yrs.


Georgia


20 yrs.and Color of Title: 7 yrs.


Hawaii


20 yrs.-


Idaho


and Color of Title: 5 yrs. and Payment of Taxes: 5 yrs.


Illinoise


20 yrs.and Color of Title: 7 yrs. and Payment of Taxes: 7 yrs.


Indiana


10 yrs. (15 yrs. if cause of action arose before Sept. 1, 1982)-


Iowa


Within 1 year (after 7/1/80)and Color of Title/Payment of taxes; 5 yrs.


Kansas


15 yrs.-


Kentucky


15 yrs.and Color of Title: 7 yrs.


Louisiania


10 yrs.and Color of Title: 10 yrs.


Maine


20 yrs.and Color of Title/payment of taxes: 20 years


Maryland


20 yrs.-


Massachusetts


20 yrs.-


Michigan


15 yrs.-


Minnesota


15 yrs.and payment of taxes for 5 consecutive years


Mississippi


10 yrs.and Color of Title: 10 years and Payment of Taxes: 2 years


Missouri


10 yrs.-


Montana


5 yrs.and Color of Title: 5 yrs. and Color of Title/Payment of Taxes: 5 yrs.


Nebraska


10 yrs.-


Nevada


5 yrs.and Color of Title: 5 yrs. and Color of Title/Payment of Taxes: 5 yrs.


New Hampshire


20 yrs.-


New Jersey


30 yrs., or 60 yrs. if woodland, and Color of Title: 30 yrs. and Payment of Taxes: 5 yrs.


New Mexico


10 yrs.and Color of Title/Payment of Taxes: 10 yrs.


New York


10 yrs.and Color of Title: 10 yrs.


North Carolina


20 yrs.and Color of Title: 7 yrs.


North Dakota


20 yrs.and Color of Title: 20 yrs. and Color of Title/Payment of Taxes: 10 yrs.


Ohio


21 yrs.-


Oklahoma


15 yrs.-


Oregon


10 yrs.-


Pennsylvania


21 yrs.-


Rhode Island


10 yrs.-


South Carolina


10 yrs.and Color of Title: 10 yrs.


South Dakota


20 yrs.and Color of Title: 20 yrs. and Color of Title/Payment of Taxes: 10 yrs.


Tennessee


7 yrs.-


Texas


10 yrs.and Color of Title: 3 yrs. and Color of Title/Payment of taxes: 5 yrs


Utah


7 yrs.and Color of Title/Payment of Taxes: 7 yrs.


Vermont


15 yrs.-


Virginia


15 yrs.and Color of Title: 15 yrs


Washington


7 yrs.and Color of Title: 7 yrs. and Color of Title/Payment of Taxes: 7 yrs.


West Virginia


10 yrs.-


Wisconsin


20 yrs.and Color of Title: 10 yrs. and Color of Title/Payment of Taxes: 7 yrs.


Wyoming


10 yrs.-





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