“squatter’s rights” is basically because well meaning lawyers got good tenant protections passed (your landlord shouldn’t be able to just assert you’re a squatter and kick you out), didn’t really think through that the court systems take forever to resolve these cases, and so created a situation where some bad actors figured out they could squat on a property and run out the clock while living rent free and this is the story of many many many things in America
@ArmandDoma nah- "squatters rights" actually have a long history in American law/British law. Not my area but in LS it was a fun topic.
@daniel_s_larson yeah but the news stories circulating around “squatter’s rights” right now are not about adverse possession
@ArmandDoma I think some of them are- the news seems to me to be a miss mash of tennant right/ protection cases in places like NYC and adverse possession in others. Anyways adverse possession has long been with us.
@daniel_s_larson Adverse possession cases require like five years of residency in the property
@ArmandDoma Right- Adverse possession is a classic on the bar exam- we got this cool mnemonic to help remember the elements: CHANGE
@ArmandDoma use must be Continuous (like a true owner would use it), Hostile (without permission, also known as adverse), Actual (you only gain rights to the land you are in actual possession of), Notorious (also known as open and notorious, must be visible),
@daniel_s_larson @ArmandDoma whats the G and E?
@daniel_s_larson @ArmandDoma I love that it’s a requirement to be brazen about it