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Unpublished Paper
From Trespasser to Homeowner: The Case Against Adverse Possession in the Post-Crash World
ExpressO (2012)
  • Kristine S Cherek, Florida Coastal School of Law
Abstract

Since the financial crisis began in September of 2008, there have been approximately 3.7 million completed foreclosures in the United States, and approximately 1.4 million additional homes are currently in some stage of the foreclosure process. In the midst of this post-housing crash world, the centuries-old doctrine of adverse possession is gaining new attention. This Article examines the doctrine of adverse possession as it may be used, and as it is currently being used, with respect to residential properties that stand vacant as a result of foreclosure actions. As adverse possession is currently construed in a majority of states, a trespasser can illegally enter a vacant home and, assuming the trespasser satisfies the elements of the doctrine, ultimately prevail in obtaining title to the home by adverse possession. The trespasser can be transformed into the homeowner through the doctrine of adverse possession. This Article argues that the doctrine must be reformed to prevent this unjust and undesirable result.

Keywords
  • Housing,
  • Foreclosure,
  • Adverse Possession,
  • Property
Disciplines
Publication Date
September 17, 2012
Citation Information
Kristine S Cherek. "From Trespasser to Homeowner: The Case Against Adverse Possession in the Post-Crash World" ExpressO (2012)
Available at: http://works.bepress.com/kristine_cherek/1/