Comments for "More Bandos"


No wonder rents are going down. Why pay for something when you can get it for free?


Wow - sounding like stories of squatting in Latin America [De Soto wrote a book about this in the eighties "The Other Path" - never expected it to happen here in the US where 'property law' was clear & well defined... hoocoodanode].


Hetero Marriage, property rights and saving are sooooooooo twentieth century.


What are squatters rights on unfurnished condos in TN?


.
Early in the thread for an off topic but this seems pretty significant - don't know if it was posted yesterday - from the AP:

Boeing to cut production of some jets in 2010
By DANIEL LOVERING – 15 hours ago

PITTSBURGH (AP) - Boeing Co. plans to scale back production of some of its jetliners next year as the global economic crisis further saps demand for commercial aircraft, a move expected to result in fresh job cuts.

Boeing has been hit by sharply lower orders for commercial planes this year as world economic problems intensify and air travel wanes. Airlines have cut flights and some have delayed orders and deliveries of new jets. Tighter credit markets have made it more difficult for potential buyers to get loans for new planes.

The Chicago-based company said Thursday it will reduce monthly production of its twin-aisle 777 to five airplanes from seven starting in June 2010. Boeing also said it will delay earlier plans to slightly increase production of its 747-8 and 767 planes.

Boeing expects the changes will result in an unspecified number of new job cuts, said Jim Proulx, a company spokesman. In January, Boeing announced plans to cut a total of 10,000 jobs after reporting a surprise loss for the fourth quarter of 2008.

I made some calls into companies in witchita yesterday and they say Boeing is 'optimistic'. They will have to guide even farther down as the year progresses - new orders are off the table and already a lot of the current build is 'white tail'.

Expect more lay offs, more foreclosures, more homeless and more bandos.


I wonder at what point the majority of Americans will realize they are living in a Second World country. Will it be before we actually hit Third World?


What happens down the road when the inventories have been cleared out but many millions of homes have squatters in them? Will some enterprising politicians promise laws to give squatters new rights and come to power in all the areas with an abundance of such? Never mind that they will never be able to deliver on their campaign promise - the fact that they represent such folks will mean that they will reliably vote for expanding state support for the worse off. Maybe this country is really veering hard to the left without even knowing it - not too surprising after the bout hard to the right.


When this over we'll be lucky if we aren't Third or Fourth world. The uncle milton plan.

jo6pac


It may be financially smart to become a bando, but aren't people concerned about how to legally get into the house, and whatever laws that may apply if caught entering or staying?


Starbucks

That is a really good point. It is not only squatters who are living "rent free", but also people who stopped paying their mortgages. I see all kinds of cases every day of mortgages that are hundreds of days delinquent. Not REO loans, but often even pre-foreclosure loans that are just not being paid. I have no idea if the borrower is still living in them (not my department), but presumably some people are still in the properties, living rent free.

That is tough competition for rental properties.


:: ::

What happens down the road when the inventories have been cleared out but many millions of homes have squatters in them? Will some enterprising politicians promise laws to give squatters new rights and come to power in all the areas with an abundance of such? Never mind that they will never be able to deliver on their campaign promise - the fact that they represent such folks will mean that they will reliably vote for expanding state support for the worse off. Maybe this country is really veering hard to the left without even knowing it - not too surprising after the bout hard to the right.

:: ::

Hymms For The Lord - read 'The Other Path'... even in the most populist & leftist countries in Latin America the pols couldn't guarantee the squatters 'clear title' - all they could do is make it difficult for the landed aristocracy [who own most of the land down there] to evict them. The result was that NOBODY had incentive to improve conditions [repair & upgrade] because NOBODY knew who would benefit long term. That is the reason the barrios & flavelas are so run down and terrible... would you spend a large part of your time & money fixing up some place you might be evicted from or later possessed by some other stronger squatter?

Everyone - left & right - should be concerned about property law.


Responding to comment in previous thread:
Anonymous53 wrote on Fri, 04/10/2009 - 3:04am.

With borrwoing costs of 0.5 % and lending incom om 5% most banks are making big money today.

Imagine a bank with $1.000 bn in loans recieving intrest of $50 bn but only having to pay $5 bn to loan the money.

The profit on that is $45 bn alone.

And then comes extra income from insurance, stock trades, cards, etc

Such a bank could easily make $60 bn in profit this year.

This so called profit is the stolen income of savers.

Zero interest rates without bank nationalization is a transfer income from productive financial assets directly into the pockets of stupid bankers. Instead of leaving the prudent an ability to draw an income, savers are forced to fork it over to bankers who made billions in nonperforming loans.

Savers will earn less so that bankers can earn more. Wow.


but aren't people concerned about how to legally get into the house, and whatever laws that may apply if caught entering or staying?

You'd be surprised how many property crimes require a "breaking and entering" or "secured property" element, or some weirdness like that. Don't break the lock, and the worse that can happen is usually criminal misdemeanor trespass, if even that.


Since no one has mentioned squirrelz for a while, I will report that I saw a very scrawny squirrel take an almost ripe peach off my tree and bounce away with it.


Responding to comment in previous thread:
Anonymous53 wrote on Fri, 04/10/2009 - 3:04am.

With borrwoing costs of 0.5 % and lending incom om 5% most banks are making big money today.

Imagine a bank with $1.000 bn in loans recieving intrest of $50 bn but only having to pay $5 bn to loan the money.

The profit on that is $45 bn alone.

And then comes extra income from insurance, stock trades, cards, etc

Such a bank could easily make $60 bn in profit this year.

This so called profit is the stolen income of savers.

Zero interest rates without bank nationalization is a transfer income from productive financial assets directly into the pockets of stupid bankers. Instead of leaving the prudent an ability to draw an income, savers are forced to fork it over to bankers who made billions in nonperforming loans.

Savers will earn less so that bankers can earn more. Wow.


test


Squatters took over my squat! LOL

Whats with this communism- why doesn't it work?


The result was that NOBODY had incentive to improve conditions [repair & upgrade] because NOBODY knew who would benefit long term.

interesting, under Anglo-American law, the basis for allowing adverse possession is that society-at-large would benefits from the property uses made by the adverse possessor.


Such laws already exist, look up "adverse possession." They actually have a very good social concept behind it, notably it cures potential or actual defects in real estate titles by putting a statute of limitations on possible litigation over such titles. Without the doctrine of adverse possession a landowner could not be secure in the title to his land, because long-lost heirs of any former owner or lien holder of centuries past could come forward with a legal claim on the property. Adverse possession places a statute of limitations on this kind of action, providing property owners more security in their possessions.

Now there are quite a few caveats to adverse possession (it must be actual, open, exclusive, hostile and coninuous ) and you cant use adverse possession to gain control of property belonging to the government, but it does exist and expect to see a lot more of it over the coming years....


getwiththeprogrampeople wrote on Fri, 04/10/2009 - 7:29am.
Hetero Marriage, property rights and saving are sooooooooo twentieth century.

LOL.

What are "two things whose demise is irrefutably the fault of the Republican party and a Republican political hobby horse".


Will some enterprising politicians promise laws to give squatters new rights and come to power in all the areas with an abundance of such?

We already have such laws, they're called adverse possession.

http://en.wikipedia.org/wiki/Adverse_possession


Michael Stoops, executive director of the National Coalition for the Homeless, said about a dozen advocacy groups around the country were actively moving homeless people into vacant homes ...

Property rights are human rights. They have near equal standing in the Constitution for a reason. The diminution of property rights ultimately devolves to reduced personal freedom. Yet another moral hazard consequence.


I love how squatters are kicking out original squatters.


Ok, squatters rights are nothing new and have been part of English common law for at least 5 centuries, and maybe 'way longer than that.

You CAN get clear title, tho it is rare to actually complete it. You have to file a notice with the tax collector the year you move in, and you have to pay the taxes for 7 years. Then you can quiet title. You have to be adverse to the record title holder. So you can't squat in your own property.

You can adversely possess (squat) with or without color of title. Color of title is some sort of filed fig leaf of a paper showing some kind of paper title.

I can envision squatters in Fla doing this and actually paying taxes for 7 years before the bank notices. Tough, bank!!


For all the talk about banks making money due to low interest rates, even a record high net margin isn't going to do anything if the loans you are making default like crazy. If you can make 5% profit on a loan, you still only need 1 in 20 loans to default (and say there is a recovery rate of 25%) to pretty much destroy all your profits.

Lending right now is horribly tough to do right. If I were a bank, given what's happening to unemployment, I wouldn't lend to just about anybody.

----
"no one is pricing in low, mid teens unemployment in any of their assumptions." - Meredith Whitney


Basel Too (member) wrote on Fri, 04/10/2009 - 7:52am.
> The result was that NOBODY had incentive to improve conditions [repair & upgrade] because NOBODY knew who
> would benefit long term.

interesting, under Anglo-American law, the basis for allowing adverse possession is that society-at-large would benefits from the property uses made by the adverse possessor.

That's right, and the dupes bleating about property rights are really just class warriors roped into fighting to preserve claim to wealth that will never be realized for oligarchs because someone told them it was to "defend what's theirs".

Land and more generally real wealth distribution is a key indicator of a society's health, and a tall, narrow wealth pyramid is sure to topple. But you'll get some dittohead who wants to bleat about Marx or something while he cuts his own throat; the same sucker that wants to repeal inheritance tax so they can pass 100k to their kids... oh, and destroy your country by establishing a heriditary monied aristocracy. "Oh yeah, that. Well, it goes well with the prison industry state-within-a-state I advocate too!"


Basel Too (member) wrote on Fri, 04/10/2009 - 7:52am.
> The result was that NOBODY had incentive to improve conditions [repair & upgrade] because NOBODY knew who
> would benefit long term.

interesting, under Anglo-American law, the basis for allowing adverse possession is that society-at-large would benefits from the property uses made by the adverse possessor.

That's right, and the dupes bleating about property rights are really just class warriors roped into fighting to preserve claim to wealth that will never be realized for oligarchs because someone told them it was to "defend what's theirs".

Land and more generally real wealth distribution is a key indicator of a society's health, and a tall, narrow wealth pyramid is sure to topple. But you'll get some dittohead who wants to bleat about Marx or something while he cuts his own throat; the same sucker that wants to repeal inheritance tax so they can pass 100k to their kids... oh, and destroy your country by establishing a heriditary monied aristocracy. "Oh yeah, that. Well, it goes well with the prison industry state-within-a-state I advocate too!"


I cleared title for a squatter once. I really tried to track down the old owners and couldn't. I concluded they were all dead.

This is the sort of thing you learn in law school which "never" comes up, except now it will, I think.

I don't think those squatter's helpers know enough to file notices where they are required.

Each state is different, I assume.


*looks up*

And this is why Rob Dawg and I will never conquer the world.


Mandarin, if you see the world in black and white, left and right then the political establishment has firm control of your mind.


Oh you silly people, don't you know the Federal Reserve is OMNIPOTENT!
Give me the power to print the money and charge interest on it. I'll give every penny of interest I make back to the government that gives me the power to print it, making it look like I'm on the up and up.
In the background I'll choose all your leaders and have them pass all the laws that work in my favor and I couldn't give a shit what happens to the people that gave me that power.

--------------------------------------------------------------------------
Learn the 7TH Amendment maggot!
Red Beckman - Fully Informed Jury
http://video.google.com/videoplay?docid=7385583011526915030&hl=en


Oh, the reason that the squatter wanted to clear title was that she wanted to fix the roof and didn't want to spend the money without clear title. I don't think she did tho. I think she just sold at peak.


No furniture, but an internet connection, by god.

Probably has a cell-phone contract, too, probably an iPhone.

And, yes, I did read the story: the Queen wants to tie-dye fabric and sell it on the internet.

At least her internet service will be a tax-deductible business expense.


A going business to earn money is more important than furniture.

Where are your values?


"No wonder rents are going down. Why pay for something when you can get it for free?"

no kidding! in f*ing nyc we are still paying half of our net income in rent. squatting will really pay off for us!

- why do i pay taxes if the gov only works for homeowners? ah! cause we are in all this "together". you only get help if you spend too much, not if you are stingy like me.


The article mentions that the bando orgs are moving people into poor neighborhoods with a lot of foreclosures. Someone underwater or lost a lot of wealth in a pricier neighborhood might rat-out a bando, out of jealousy.


The Littlest Mandarin wrote on Fri, 04/10/2009 - 8:00am.
*looks up*
And this is why Rob Dawg and I will never conquer the world.

I prefer to think of of it as a leveraged take-under. Don't call it conquering so much as establishing a controlling interest through a series of dummy governments. Wink


If the Bandos sign up for electricity, water and an internet connection, they have the same skin in the game that the foreclosed owners did.


If the Bandos sign up for electricity, water and an internet connection, they have the same skin in the game that the foreclosed owners did.


I really am an idiot for being a renter all this time.

Everything is up for grabs apparently.


Pretty much lama.

They need to sign up to pay taxes!


w- do you see human rights in black or white? I pretty much do. Somethings (very very few of them) really are black and white.

Beer


http://money.cnn.com/2009/04/06/news/companies/sallie_mae_jobs.reut/inde...

Sallie Mae: 2,000 jobs back to U.S.

>>
Begining of back door protectionism? I guess Europe will follow soon.


I wonder whether a bank would actually support the bandos if the bandos paid the taxes. It might only happen with houses in bad shape; there was an article, recently, in the NY Times about banks walking away from foreclosures to avoid some costs (the house featured had code citations against it, and the foreclosed "owner" was unhappy about getting the house back for free).

Added Link


Germane point Dryfly, "pols couldn't guarantee the squatters 'clear title' - all they could do is make it difficult for the landed aristocracy [who own most of the land down there] to evict them."

My wife's cousin was a missionary to the Columbian jungles for many years. When I asked what the biggest impediment to self improvement was she said unenforceable property rights. As soon as an industrious peon improved a piece of land to habitable or profitable category it was taken by those with guns behind them.


In Dade County sometimes those code fines can be negotiated.

I wonder what would happen if the owner filed a deed in lieu of foreclosure to the
bank. True, you need delivery, to be effective.

But suppose you deeded while the foreclosure was going on? They could hardly say they didn't want the house.


Is the FDIC closed for business on Good Friday?


that's why squatters rights can be a good thing, kid.

Ah, I remember when the comments came so fast I couldn't keep up!


kidbuck just touched on an incredibly important point that people keep missing about the third world. Ignorant first-worlders often advise them to fiddle with tax systems and reduce corruption to improve their economies. Granted, that stuff is *nice,* but it's small potatoes compared to the fact that people don't even own their own homes!


I just did a post with photos of a local Tree People encampment. What I am noticing, I guess we don't have enough abandoned houses, is how full the woods are getting.
it isn't the drunken, mentally ill, what have you anymore. At least oneof the people in the woods I was in is working. My wife told me she sees a white guy every morning coming out of the trees with a brief case.

http://afterthecrash.net - Home of the Doomer Story Portal and Other Stuff


"unenforceable property rights" - this is what held China back and why most companies were very reluctant to do business there. But the governement got that solved and now they are flourishing.


Property rights are not human rights. Conceded: real property rights are, at least in the Anglo-American tradition, rooted in the concept that you have a natural entitlement to that physical land which you have bettered through your labor, see Locke.

However, property rights must be alienable, or they are not property. Your human rights are inalienable. Although if you like, try selling yourself into slavery and let us know how that works out. (Your mortgage doesn't count.) Moreover, the government can make anything a legal property right by designating an unambiguous holder of the right and enforcing that holder's right to exclude others. Your local radio station's broadcast license is, functionally, a property right. Their technical capability to broadcast 50 Cent is not a human right.

The confusion here is between property rights and the right to hold property.


Not that uncommon in the rural South. Additionally, there were laws in the past whereby if you "squatted" for 7 years, the property became yours. I can remember my Aunt having to force a neighbor to move a fence that he had put on here property to keep that from happening. Another approach was to force someone, perhaps a cousin, to a $1.00 per year to "rent" property so that the rights wouldn't be transferred. They called them "squatter's rights".


I wonder whether a bank would actually support the bandos if the bandos paid the taxes.

Um, no - it's a little difficult to sell a house with Queen Omega living in it.

lama - I really enjoyed your Jos A. Bank observation the other day - I resemble that remark!


Cinco,
Those laws still exist. They are known as the law of adverse possession.

.............................

Base hits win ballgames.
If you don't take your profits, someone else will.


I took a lot of political science in college, and it was very valuable. One thing that it taught me: making laws that can't be enforced, or keeping them on the books long after enforcement stops, is a good way to devalue _all_ laws. If certain laws can be ignored, why not others? And the more enterprising "honest citizens" will test the enforcement of even more laws.

In short, the legal system doesn't deal well with social breakdown unless serious money is put behind solving the base problem. And if it isn't, the law becomes the enemy for more and more average joes.

See where I'm heading? We _are_ in a social breakdown, not an economic one. It will get worse unless the base problem is solved; more and more law will be ignored as people "do what they have to do." And it will be in _your_ neighborhood, wherever you live.


What do you call Pandit?

How about a Zombo?


kidbuck (member) wrote on Fri, 04/10/2009 - 8:25am.
Germane point Dryfly, "pols couldn't guarantee the squatters 'clear title' - all they could do is make it difficult for the landed aristocracy [who own most of the land down there] to evict them."

My wife's cousin was a missionary to the Columbian jungles for many years. When I asked what the biggest impediment to self improvement was she said unenforceable property rights. As soon as an industrious peon improved a piece of land to habitable or profitable category it was taken by those with guns behind them.

She's right. It's one of the weaknesses of property rights arguments -- that trajectory is unfortunately a natural path of human civilization unless you really work to strip people of the money / power they can use to assure inherited transmission of wealth and control over the apparatus of state.

Sadly, it seems like to get a good stable system, you have to have some kind of jubilee on a regular basis, like the way traditional societies redivided agricutural land periodically. The natural "flow" of events is for the game to run away and a small group of oligarchs to take control of play and run the table.

It's kinda vexing, becuase it doesn't matter if you don't even use money. The nature of hierarchic systems dictates it, so alternatives like rule via bureaucracy aren't any different.


"I wonder at what point the majority of Americans will realize they are living in a Second World country. Will it be before we actually hit Third World?"

And where exactly do you think the "first world" resides? I've been to most of Northwestern Europe, and didn't think it was "THAT" far ahead of us. There are some nice cities, but they have rural, backwards areas as well, though folks call them "pastoral" versus "the sticks" as they do here in the US of A.
The deep South has always been kinda' backward, though less so now than when I was a kid; too much TV I suspect. However, many of the residents like it that way, and prefer not to have the muggings, squalor, fast pace, etc. of the metropolitan areas of the North East.


$6,000 or best offer from the FDIC (caution pdf!):

http://www.fdic.gov/buying/owned/bargain/2446_Atkinson_PIP.pdf


I wonder whether a bank would actually support the bandos if the bandos paid the taxes.

Um, no - it's a little difficult to sell a house with Queen Omega living in it.

I was thinking of a house that would cost more to foreclose than could be obtained by selling it. For example, the house has code violations, taxes due, or other costly problems to deal with.


"It may be financially smart to become a bando, but aren't people concerned about how to legally get into the house, and whatever laws that may apply if caught entering or staying?"

If they aren't worried about heat, light, and bathing, why would they worry about that?


I say why not become a Bando if you are willing to take the risks. Find an empty home, produce a fake lease, get services installed and live well on the cheap.


As your world central banking overlord I will do my best to keep you servants on the hamster wheel of life as best I can because that's how I usurp and derive my power for myself. I love my Omnipotence.

--------------------------------------------------------------------------
Learn the 7TH Amendment maggot!
Red Beckman - Fully Informed Jury
http://video.google.com/videoplay?docid=7385583011526915030&hl=en


Is there really any downside to informing your local tax collecting agency that you intend to pay property taxes and take adverse possession when the time comes?

Does the bank get notified? If they do, perhaps this would be a notice that someone is squatting and they might have you kicked out the day after you pay, but property taxes are paid in arrears (right?) so basically you're just paying the government rent while you were there. No loss.


"Land and more generally real wealth distribution is a key indicator of a society's health"

This is the only point where we agree. It's worth noting that the Renaissance and the commercial age came about after the Black Plague, where the loss of population in Europe resulted in higher wages and a more affluent class of people with the means to support commerce. I suspect that the growth of the 20th Century was in part due to a combination of higher wages because of unions, anti-trust laws, etc. However, those things can swing too far just like capitalism can go too far at times. We need to take advantage of the time while the pendulum is in the middle of its swing, and wait out the peaks of the swing.


"I say why not become a Bando if you are willing to take the risks. Find an empty home, produce a fake lease, get services installed and live well on the cheap."

Do the utility companies check that? I've rented before and they seemed happy enough that someone was signing up for service. I suppose that if there are back utility payments due that they might inquire about bringing those up to date.


I made some calls into companies in witchita yesterday and they say Boeing is 'optimistic'. They will have to guide even farther down as the year progresses - new orders are off the table and already a lot of the current build is 'white tail'.

Expect more lay offs, more foreclosures, more homeless and more bandos.

But haven't you heard? The financial institutions are back in full, screwing the real economy blin ... errr ... making record net interest margin. Everything is just peachy.

Will the American public will ever come to the realization that the problem isn't zombie banks, but vampire banks?


I see what you are saying. If everyone started growing marijuana in their back yard, TPTB would expend a lot of resources to try to stop everybody, so much so that eventually the law against pot would fail in the end. It applies with other stupid laws as well such as enforcing seatbelt laws. They have to catch you first.

--------------------------------------------------------------------------
Learn the 7TH Amendment maggot!
Red Beckman - Fully Informed Jury
http://video.google.com/videoplay?docid=7385583011526915030&hl=en


"$6,000 or best offer from the FDIC (caution pdf!):"

The property tax parcel is Ward 10/Item No.002523. Taxes due are Winter taxes in the amount of $1765.84 and 2008 Summer taxes $6,343.40, both now due. 2007 taxes in the amount of $675.28 are now due and delinquent. The prior years are shown to be paid.


Margin Call of Cthulhu wrote on Fri, 04/10/2009 - 8:35am.

Good point...


Generally the tax bill in Dade County anyhow has both names on it, until you quiet title. I think, but am not sure, that the bill continues to go to the bank, and the bill will have the possessor's name on it, which ought to raise an issue, if a human being ever looked at it. The squatter can always get a bill or print one out from the internet. If the bank stops getting a bill, it ought to notice that too, but probably won't. This wouldn't happen if the bank hires someone to sell the property; the real estate agent will get rid of them. But it could happen with phantom inventory.

At that time, at least in Fla, anybody who has any record property rights, including the previous owner, lienors, etc, get notice, and get to raise defenses, if they have any.


I suppose that if there are back utility payments due that they might inquire about bringing those up to date.

I guess if that happens you can just move to some other empty house and try again.


However, those things can swing too far just like capitalism can go too far at times. We need to take advantage of the time while the pendulum is in the middle of its swing, and wait out the peaks of the swing.

No, have to disagree. You will not "wait out" the peaks of the swing. That's what Olson proves so succinctly that I could tell you from study -- vested interests are better at collecting and maintaining power than operating economies, by a long walk. If you don't apply external moderation, the pendulum will swing to the oligarchic side and stick there until your society collapses a-la the Han or someone invades your nation full of hateful, impoverished peasants and their weak-chinned overlords and is accepted as a liberator a-la the collapse of Byzantine Egypt or any number of Chinese Dynasties.

It seems to me a legal mechanism for this is better than selection at gunpoint, especially as foundational Dynasties tend to be short and relapse back into the politics of autocracy until one just so happens to "catch".


Time declares: "More Quickly Than It Began, The Banking Crisis Is Over"

http://www.time.com/time/business/article/0,8599,1890560,00.html


(I'm building on something here.)

Oh you silly people, don't you know the Federal Reserve is OMNIPOTENT!
Give me the power to print the money and charge interest on it. I'll give every penny of interest I make back to the government that gives me the power to print it, making it look like I'm on the up and up.
In the background I'll choose all your leaders and have them pass all the laws that work in my favor and I couldn't give a shit what happens to the little people that gave me that power who rightly had it in the first place.
As your world central banking overlord I will do my best to keep you servants on the hamster wheel of life as best I can because that's how I usurp and derive my power for myself. I love my Omnipotence.

--------------------------------------------------------------------------
Learn the 7TH Amendment maggot!
Red Beckman - Fully Informed Jury
http://video.google.com/videoplay?docid=7385583011526915030&hl=en


It's a lot better than Bushville/Obamaville tent cities.


A bando I think also includes bums who don't care about washing, squatters imply people who intend to stay tthere for a good long while and thus will take care of the place.


How do nuclear weapons figure into and alter the old paradigms?

--------------------------------------------------------------------------
Learn the 7TH Amendment maggot!
Red Beckman - Fully Informed Jury
http://video.google.com/videoplay?docid=7385583011526915030&hl=en


Is there really any downside to informing your local tax collecting agency that you intend to pay property taxes and take adverse possession when the time comes?

In many states, you can not adverse possess against a mortgagor without provide notice to the bank. Also, the intersection of adverse possession and premise liability can lead to some very bizarre results...


Except this falls into the land of Prisoner's Dilemma. If you adopt this action early, you are hosed. YOU will go to jail while the people that hold back to see what happens are set. The only way for this to work is to actually have a critical mass of people willing to face jail, job loss (beyond current lay-off threats), and hefty fines.

It's one of those, "I'll do it if YOU do it". "You first." "It was your idea, YOU go first." "OK, on the count of three we'll both do it. One. Two. Three!" "Hey you dick, you didn't do it." Then it's off to jail with you while your compatriot sits there thinking, "Glad I didn't do it."


Wow you guys act like squatters never existed before this recession. Squatting is probably the second oldest profession in the world. It doesn't mean our society is going to fall into the abyss, it means there are vacant structures that are not being monitored. People will move in and use the property. If they stay there long enough, they can come to own the property through adverse possession. Its the American Way!


We need a Johnny Marijuana seed guy or gal to just start tossing pot seeds around randomly throughout the country.

--------------------------------------------------------------------------
Learn the 7TH Amendment maggot!
Red Beckman - Fully Informed Jury
http://video.google.com/videoplay?docid=7385583011526915030&hl=en


In Fla, you do it (notice) at the end, when you try to clear title.

Hmmm, I guess the bank shoulda kept insurance on the property. Squatters don't have an insurable interest I think. Hmm, could they get the equivalent of renter's insurance?

If the bank doesn't want to spend the money to protect its interests, I'm not so sure that they don't deserve everything they get.


"Everyone - left & right - should be concerned about property law."
---------

should have been.

The lines of property law have been blurred for decades by zoning restrictions, home owners associations, boarding restrictions and most lately by smoking bans.


The New Yorker (it's free online but not directly linkable) had profile of Leo Nordine and in it there was one squatter who knew the system enough to keep squatting in one house for free for a very long time. Everytime he would get evicted he would just wait for the police to leave and break back in and the eviction process would have to start again.


"Property rights are human rights."

Dawg, You've got it exactly backwards.

Housing is a human right and property is a rentier right.


Pats self on back...

Goldman mulls big equity offering: report
Investment bank may use the money to repay government investment
http://www.marketwatch.com/news/story/goldman-mulls-multibillion-dollar-equity-offering/story.aspx?guid={D2743591-A843-4934-880C-E6D5B970D232}&dist=msr_1

We're a survivor, we're healthy, we didn't need the TARP funds, and now that we want to give them back....well, we need a big capital raise. Does anybody really think they're going to pay off TARP with these funds? Nah, stress test results should ensure that they don't have to. That, or a deterioration in the marketplace over the next few weeks could give them cover to preserve their capital ratios and keep the raised funds. AND WHATEVER HAPPENED TO THE AIG BACKDOOR PAYMENTS???

Also, I heard there is a prepayment penalty associated with the TARP funds. Any excuse to prevent banks like GS from having to return the funds.


I thought Mexicans replaced the homeless.


"I thought Mexicans replaced the homeless"
--------------

Correct.

By eating them.


Gavshire,
Recently, you posited the notion that the Fed was walking a tightrope between the perils of deflation and inflation. May I ask in what time frame you perceive that to be happening ? Personally, I take the Fed at it's word - inflation is not even an issue.

.............................

Base hits win ballgames.
If you don't take your profits, someone else will.


REBear wrote on Fri, 04/10/2009 - 10:14am.

http://money.cnn.com/2009/04/06/news/companies/sallie_mae_jobs.reut/inde...

Sallie Mae: 2,000 jobs back to U.S.

>>
Begining of back door protectionism? I guess Europe will follow soon.

Say what?

Were they FORCED to bring the jobs back? No. Then how is that protectionism?

Sometimes you people don't think.


So begins the revolution?

No, just more political theater.


"Adverse possession" is a legal principle, not a law in itself. The principle can be encoded in law, and modified by the courts. You can't just tell the local sheriff "I claim this property by adverse possession" and there's an end of it. A court decides whether or not to apply 'adverse possession' to the case based on the evidence. It usually takes years of squatting to get a shot at that kind of ruling.

In the meantime, the lack of clear title, as lawyerliz says, is the main problem. What's going on here is just plain old squatting due to abandonment, essentially an illegal 'instant ghetto.' It's not creating a new bundle of property rights, or fundamentally changing the system. We'll know the system has gone completely south (at least in Florida) when lawyerliz has no more work, because people are defending their squatter's rights by force of arms. The same goes for Hoops, really-- until the rule of law really and truly breaks down completely, making lawyers superfluous, it's not EOTWAWKI, in my view. So, lawyerliz and Hoopajoops are the canaries in the coal mine...


The Littlest Mandarin and Margin Call, nice points.


If you put a tent on land and live on it for 7 years - do you get the land?

http://afterthecrash.net - Home of the Doomer Story Portal and Other Stuff


what do you guys think about this "let's partying the crisis is over" goin on ?
Obama is scare to death about the Q1GDP ? The administration is playing the last moral booster card ?


.
kidbuck (member) wrote on Fri, 04/10/2009 - 10:25am.

Germane point Dryfly, "pols couldn't guarantee the squatters 'clear title' - all they could do is make it difficult for the landed aristocracy [who own most of the land down there] to evict them."

My wife's cousin was a missionary to the Columbian jungles for many years. When I asked what the biggest impediment to self improvement was she said unenforceable property rights. As soon as an industrious peon improved a piece of land to habitable or profitable category it was taken by those with guns behind them.

:: ::

That is about the only thing the right wingers & left wingers agree about down there... if a squatter improves their land they are evicted... the only difference is who holds the gun - landed aristocracy backed up by junta & paramilitaries or the revolutionaries backed by 'the party' and the the 'state'. Meanwhile the peons suffer under either/both extremes.


Gosh, I never thought of myself as a canary.

Can't sing, don't look good in yellow.


Nova---yes, if you pay taxes and file the notice!!


Hymns for the Lord said:

What happens down the road when the inventories have been cleared out but many millions of homes have squatters in them? Will some enterprising politicians promise laws to give squatters new rights and come to power in all the areas with an abundance of such? Never mind that they will never be able to deliver on their campaign promise - the fact that they represent such folks will mean that they will reliably vote for expanding state support for the worse off. Maybe this country is really veering hard to the left without even knowing it - not too surprising after the bout hard to the right.
---
Dryfly replied:

Hymms For The Lord - read 'The Other Path'... even in the most populist & leftist countries in Latin America the pols couldn't guarantee the squatters 'clear title' - all they could do is make it difficult for the landed aristocracy [who own most of the land down there] to evict them. The result was that NOBODY had incentive to improve conditions [repair & upgrade] because NOBODY knew who would benefit long term. That is the reason the barrios & flavelas are so run down and terrible... would you spend a large part of your time & money fixing up some place you might be evicted from or later possessed by some other stronger squatter?

Everyone - left & right - should be concerned about property law.

Dryfly,

I understand this well having witnessed it up close for many years when I lived overseas in Asia.

What I said (perhaps not clearly enough) was that predatory politicians could use false promises to entice people to vote for them, claiming that they would work to get them title to the property or at least work for the voters' welfare (pun partially intended). Then, when in office they would turn around and explain (rightly) that they can't get enough support for squatters' rights, but instead they managed to get food stamps allowances, unemployment benefits, health coverage etc. extended.

So the bottom line may be that once these poorer constituencies get distilled enough to have representatives in office, there may be a new political base of previous have-nots and by then have-less folks. They exist today but not as an attractive target for any politician to go after - they are too diffuse, disorganized, impoverished to be relied up today - this may not hold if there is a protracted period during which they have more access to abandoned infrastructure.

This is exactly what I have witnessed in the past few decades in several Third World countries that I've visited for extended periods of time.


Hmmm, could you squat on a houseboat?

A houseboat can be homestead I think.

Perhaps if you own the water below. A whole nother legal set of issues!!


Nova,
Here's a quick reference on Adverse Possession:
http://www.lawchek.com/resources/forms/que/advposs.htm

.............................

Base hits win ballgames.
If you don't take your profits, someone else will.


mark wrote on Fri, 04/10/2009 - 9:01am.
Time declares: "More Quickly Than It Began, The Banking Crisis Is Over"

As any /b/tard can tell you, forced meme is forced.


yuan (squeezed) wrote on Fri, 04/10/2009 - 9:16am.
"Property rights are human rights." - Rob Dawg

Dawg, You've got it exactly backwards.
Housing is a human right and property is a rentier right.

Wow. Where to begin? Start by reading all the other comments above.

Your way devolves into a rule of force and men and away from a rule of law.


To get back to TeaBagging... The joke is now over - sorry guys and gals:

http://gawker.com/5206547/best-of-rachel-maddows-tea-bagging-jokes


Popeye,

The Fed is walking the tightrope right now. Successfully so far.

I'm less concerned about inflation per se -- in order for that to happen you'd have to see incomes rising. More concerned about a dislocation in the bond market that drives up borrowing rates, triggering a tidal wave of additional monetization by the Fed. Currency collapse is the likely result.

Timing of a "fall" is very difficult to predict. It really depends on how good Bernanke really is, and whether the winds of fate blow him off the tightrope or not. But the statements being released by China, the implied threats being made, and the discussions of alternative reserve currencies and changes to Bretton Woods, make me think that it could happen in the not-so-distant future.

Best guess is that we start to have distortions in the currency market by late 2009. Larger swings back and forth, as Bernanke starts to wobble. He might be able to string it out until early 2011, but I doubt it. I'd expect things to fall apart in early-mid 2010. Deflation/default is the more likely scenario.

Typically I'm early in my predictions. So maybe we have a bit more time than that? Or we could have a precipitating event that causes the crisis much earlier. I have no idea what that will be -- there are many possibilities.


could you squat on a houseboat?

Even if it's not a homestead, one can still adversely possess chattel, subject to a zillion jurisdictional flavors


Oh, no dk!


Thanks Popeye and Liz

http://afterthecrash.net - Home of the Doomer Story Portal and Other Stuff


@lawyerliz: Do they still have 'creole law' in Florida-- I mean all those Spanish and French legal remnants, like in the Delta area, with Napoleonic law? IIRC they had a more liberal view of "squatter's rights" than the Anglos did. OTOH, the West probably has more living law on "squatter's rights" because of the way it was settled. Although some of that might have been wiped out by the donation land claim system out here, I suppose.


LawyerlizMI - we're now "post teabag". There is no need to be concerned as the brown menace has passed. I need to go powder my wig in preparation for the big rally on April 15th.


Adverse possession requires standing.

What applies (in some states) in the case undesirable squatters trespassing is the right to defend property with force, even if it is a neighbors property.

Plenty of precedent in TX, MT, etc.


Littlest Mandarin, you are a born and bred dope. Lazy people deserve nothing. Time for you to move to North Korea.


If you put a tent on land and live on it for 7 years - do you get the land?

Generally you're entitled only to that little piece of landl you actually occupied using the tent, unless you're squatting under color of title (e.g. you make a deed to the entire parcel, or have someone sign you a quitclaim deed on which you base your claim). If it's under color of title you get the whole thing.

-------

http://www.afterthecrash.net - After the Crash, a blog shared by the CR Commenting Community. Hoopajoop on over.


You all got me thinking.

I read the story on CNN about the residents in Kauai who fixed their bridge instead of waiting on the gov to take care of it. Now contrast that with folks who are renting and refuse to do anything to the property because once they do, the landlord says thanks and jacks up the rent thereby effectively economically taxxing them for improving the property and by extension the community. The maxium "every good deed will be punished" feels like it applies here.

Why contribute anything positive to a community that you have no stake in? Someone on CR said long ago "we want you as consumers but not as employees". It was a brutally brilliant statement. I'd amend that to "we want you as consumers but not as residents". If more and more residential property is going into the hands of Investment pools, LLCs, and the future newbie slumlords, who will be left to invest emotional or physical capital locally? How far do our communities and neighborhoods have to deteriorate? Don't think this is happening? Spend some time as a social worker, it will be the most heartbreaking experience of your life.

There needs to be a better mecanism for property to transfer to individual owners. Adverse possession is nice but it's long and tedious and the cards are stacked against the hopeful future owner. Do we expand on Kelo v. City of New London? There are a million ways to tackle this problem but someone, or a great many nobodies, needs to take the first step and admit the current system is breaking down.

/braces for the creepy freemarket capitalist backlash


Nope. The closest think I know of is Spanish land grants as the origin of title in some places in North Fla, perhaps around St. Augustine. I've never checked the title of any of those, so I don't know the details. I would assume that some things like mineral reservations differ from the origin of title coming out of the Trustees of the Internal Improvements Fund. It's possible that there is some remnent in the Spanish municipalities, but I don't know anything about any details. Anybody know?

I never came up against adverse possn of a chattel, know nothing about it.


Adverse possession requires standing.

You have no idea what you're talking about.

-------

http://www.afterthecrash.net - After the Crash, a blog shared by the CR Commenting Community. Hoopajoop on over.


Lawyerliz in MI, are you lawyer liz on vacation or are you a different lawyer named liz living in mi?

-------

http://www.afterthecrash.net - After the Crash, a blog shared by the CR Commenting Community. Hoopajoop on over.


.
Sadly, it seems like to get a good stable system, you have to have some kind of jubilee on a regular basis, like the way traditional societies redivided agricutural land periodically. The natural "flow" of events is for the game to run away and a small group of oligarchs to take control of play and run the table.

:: ::

One of the best ways is to tax the land some - not so much as to make 'productive' activities unprofitable but enough so the 'landed interests' have little incentive to sit on idle land. I believe this is the main theme of the 'Georgists'. If the cost to carry 'idle land' is 'zero'... then the aristocracy will keep as much of it as is 'socially popular' among their peers - like owning jewelry.

Meanwhile peasants starve.


Gavshire,
Thank you for the clarification.

.............................

Base hits win ballgames.
If you don't take your profits, someone else will.


Squatters rights need to be somewhat long and difficult or you might have a problem if you go to Europe for a year.

I know only about city type land. I think if you pitch your tent on a platted lot you get the whole lot.

And it has to be returnable for tax purposes. If you pitch it on a 20 acre parcel, I have no idea what happens. The county is not going to issue separate folio/tax id numbers because a squatter only wants half an acre. Now, if you are actually farming the whole thing, why not?


No I'm the same me. I had a fight with the password system, and thought it would just
be easier to create a new id.


Oh, and I think squatter's rights is part of our free market system.


No I'm the same me. I had a fight with the password system, and thought it would just
be easier to create a new id.

Yeah, I want a new super ego

http://afterthecrash.net - Home of the Doomer Story Portal and Other Stuff


I know only about city type land. I think if you pitch your tent on a platted lot you get the whole lot.- LL

But only if you win the case, right? At least, that's the way it would be here in Oregon, and you'd be hard put to win. You wouldn't just automatically be awarded title, no matter how long you squatted.

A question to you and Hoops: why hasn't the U.S. adopted the Torrens title system? It would seem to 'cleanse' properties and make the whole thing much more efficient.


Try and squat here.

You have to dispute the title and show that you have a right to it. I don't know the "legal" terms, but anyone that thinks someone is going to walk onto a property and take over is dreaming. In TX the requirement of continuous possession may be as long as 25 years if the judge wants to.


Rob Dawg (member) wrote on Fri, 04/10/2009 - 9:44am.
*yuan (squeezed) wrote on Fri, 04/10/2009 - 9:16am.

**"Property rights are human rights." - Rob Dawg
**Dawg, You've got it exactly backwards.
**housing is a human right and property is a rentier right.

*Wow. Where to begin? Start by reading all the other comments above.
*Your way devolves into a rule of force and men and away from a rule of law.

A middle ground perhaps?

Every system devolves away from the rule of law, because everyone has a profit motive to pursue an exception for their own circumstances.

Small groups organize faster and more cohesively than big ones, and rich groups organize better and more cohesively than poor ones.

The natural course is that monied or politically well-connected cliques will hijack policy incrementally and operate it for their specific benefit.

Just take it as a given, please, that it could happen without a dime changing hands. Money is a good represenation of power but people learned to look out for their cousins long before they learned to structure transactions with an intermediate store of value. Probably long before they learned to talk and think of themselves in a "cogito ergo sum" sense.

Maybe a good direction for people who want to ponder this in a non-circular fashion would be to consider how a Lottery in Babylon might be implemented. How could we all cash in some of our chips for redistribution in a way that didn't discourage participation in shared endeavor and also was difficult to game -- you would definitely want to have an uncertain element in scheduling topsy-turvy time, for example. Perhaps I'm off base? What then would be a better form of formal institutional renewal that escaped the well-known contours of the Dynastic Cycle?

Ultimately, it's in everyone's interest to explore this sort of technolgy. Be you a socialist or a free marketeer, you can rest assured whatever you build will be plundered by a person seeking economic rent on a position, and I don't think anybody who knows much about the trade advocates oligarchy or plutocracy because it's probably the worst form of rulership imaginable.

So how does a free marketeer countenance a system of wealth-redistribution? Likewise, how do the wealth-redistribuotrs countenance the fact that there must be real winners and real losers for the system not to be moribund.


scone: Because it would be hell to implement.

-------

http://www.afterthecrash.net - After the Crash, a blog shared by the CR Commenting Community. Hoopajoop on over.


VLAD (member) wrote on Fri, 04/10/2009 - 10:08am.
Try and squat here.
You have to dispute the title and show that you have a right to it. I don't know the "legal" terms, but anyone that thinks someone is going to walk onto a property and take over is dreaming. In TX the requirement of continuous possession may be as long as 25 years if the judge wants to.

And go figure, TX has a politicized judicial system and produced America's worst presidents on BOTH sides of the political spectrum.


I have no rpoblem with the bandoes so long as they don't come with lawn art. Then we have a problem.


nova--
I had the same problem recovering my identity. I had to ask for help & Ken straightened things out quickly. So I send a contribution to their fund.


TLM,

Just wait a little and then we see who the worst president ever was. LOL.


scone: Because it would be hell to implement. -hoops

Like the metric system? Wink


If you put a tent on land and live on it for 7 years - do you get the land?

Even weirder is that you can only adversely possess against the estate of the possessor. So if you pitched your tent on a leasehold estate (leased property), then you would have title to the lease, but you would have to pay the ground rent!

varies by jurisdiction of course.


the comment system died?


There seems to be an attempt to argue , to force holders to prove their interest and claims they cannot.
Squattors: settlers, frontiersman and tomahawk claims.
This may get strange.


Reminds me of Kim Stanley Robinson's "Forty Signs of Rain" series. The Freegans are taking over. ;^)


What happens when the house these people are squatting in catches fire?

Smokey and the Bando


Oh, another good read of this sort is Bruce Sterling's "Distraction", with roving bands of "Grazers", who simply travel through the countryside taking advantage of unclaimed property, semi-failed croplands, etc...


As the only lawyer I know who has actually done this--once--let me say
the circumstances were unusual--I'm pretty sure the owners were dead,
and there were no heirs that ever showed up.
The neighbors qestioned why she was there and she never said anything.

Since she was a distinguished looking matronly lady who mowed the lawn,
nobody made any effort to chase her away.

There was no mtg.

The lady rented a block or 2 away, and watched the grass grow to 5 feet of
this previously well manicured house/lawn. Her rental was robbed. She crawled
through the window, mowed the grass, evicted a real bando who was living in the
back yard. Never mentioned having any problem turning on utilities, paid taxes for more
than 7 years and then the roof needed redoing. At that point she wanted title. She had
just done little repairs to keep the house livable..

We are now in unusual circumstances in a big way. Some of that shadow inventory is actually gonna be forgotten about. Maybe for the requisite 7 years. I already know of one place that was forgotten about after the lender sold it--they packed up their office and left town and the buyer had no one to deal with.


If you put a tent on land and live on it for 7 years - do you get the land?

.... so, you squat on the land and pay taxes for 6 years, build a structure on it and make other improvements. In year 7, the true owner invites the Sherriff over to toss you off the land and doesn't even have to say thanks for the stuff you built for me and for paying the taxes. Does that sound like a good investment to anybody ? Can we get back to the real world ?

.............................

Base hits win ballgames.
If you don't take your profits, someone else will.


I have no rpoblem with the bandoes so long as they don't come with lawn art. Then we have a problem.

Around here bando "lawn art" is usually tastefully displayed on cinderblocks under the axles.


Lawyerlewisinhell wrote on Fri, 04/10/2009 - 1:20pm.
What happens when the house these people are squatting in catches fire?

It's not their problem. Relocation is no problem when you're a squatter.

Es lebe die Besetzung!


Donna, I love that concept. We need to return to our nomadic roots. It worked for the majority of human history, so why did we give it up? To sit in cubicles all day long as vampires sucked our blood. I'd rather chew berries freshly picked with no teeth and copulate with a woman who doesn't bathe and shave. I'd like to see a return to the wide bush.


Wow. Lots of people don't get it. Property rights are not only inalienable, they are more important than any of the rights enumerated in the First Amendment. Think about it, if you don't have a place to call your own, what good is free speech, freedom to practice your own religion, to assemble, or to print up and distribute your own pamphlet, newspaper, etc.? If you don't own property, you are POWERLESS. There's a reason John Locke said life, liberty, and property. Property is as important as freedom and life in a civilized society.


VLAD (member) wrote on Fri, 04/10/2009 - 10:16am.
TLM,
Just wait a little and then we see who the worst president ever was. LOL.

You think O is going to outpace the guy who let Greenspan start the credit bubble, threw away the empire's hegemony on his schoolboy crusade in Iraq, and allowed Hank Paulson loot the Treasury for his banker pals? And that's just the high points!

Wishful thinking from a dedicated partisan! Learn to recognize a mad emperor when you see one. Not backing down that he's up there with LBJ.


Oh, and the viewpoint character in KSR' s stories lives in a treehouse, too...


    The Littlest Mandarin wrote on Fri, 04/10/2009 - 10:08am...
    ...Maybe a good direction for people who want to ponder this in a non-circular fashion would be to consider how a Lottery in Babylon might be implemented...

TLM--Interesting points you're making, and nice job working Borges into the conversation.


I'm less concerned about inflation per se -- in order for that to happen you'd have to see incomes rising.

Where does this myth come from? Does it just come from the fact that sometimes wages rise in tandem with prices(correlation)?

One dynamic that seems to never be discussed is rising prices from falling demand.

If company ABC drives out competitors by taking on debt to invest in more efficient production, then eventually goes BK from falling demand, it will cause prices to RISE once any surplus inventory is cleared. Prices will rise but large numbers of unemployed will keep wages down.

We are going to see this phenomenon in many areas of production.


Wrong TCA
--you don't get the sovereign right to lebensraum.


hysterically funny how people don't know their neighbors enough to tell the squatters from the renters. easy to hide out in a media bunker exurb.

should have put the porches on the FRONT of the houses.


Anonymous wrote on Fri, 04/10/2009 - 10:34am.

me

\\\\\\\\\\\\\\\\\\\\\\\\\\\\||||||||||||||||||||||||||//////////////////////////


The umbrella was snarky. Typically, the structure is already there. Taxes are usually less than rent, so yeah, it is a good investment.

Sometimes the situation is where a neighbor is farming, knowingly or unknowingly a neighbor's property. They pay taxes, the squatted on neighbor is out of luck. This was in the past, the typical situation. Now, with the shadow inventory problem I see different issues coming up. If you have 3 foreclosed houses in a row, and one or more gets foregotten, and they all get squatted in, the neighbors will just be greatful that somebody's in there, keeping it up, rather than making a fuss. As long as they are quiet and neat.



Someone mentioned earlier using fake lease when squatting, would that no longer qualify you for adverse possession under the "open and hostile" possession of the land clause?


Well, the cool thing in "Distraction" is everyone is sort of contract for hire workers, including the government, which is basically a shadow of it's former self. Everything has sort of reverted to feudal city-states and everyone pretty much works by self-organizing into production companies. There's a funny scene where the go into D.C. to establish a government office and have to kick the squatters out of the old federal building, which is mostly low-rent apartments....

The main premise of the story is the U.S. economy completely imploded after China put all of our patents, secret documents, etc. online for anyone to use.


Where does this myth come from?

I'm pretty sure that myth was promulgated by the group of folks who believe you can't get blood out of a turnip, but there could be others who contributed to the concept.

.............................

Base hits win ballgames.
If you don't take your profits, someone else will.


CashOnly,

It depends on your definition of inflation. Mine is a net expansion in money supply. Yours is related to prices. You have a valid point, but we could get into a very lengthy discussion over it. This probably isn't worthwhile, as I think we agree on the things that matter.

The scenario you describe will result in poverty. So does my deflation scenario. Not good!


"Property rights are not only inalienable..." -TCA

To 'alienate' property is to sell it, give it away, will it to your heirs, etc. The whole point of property is that it is alienable. In fact I can't think of much real estate that is not alienable, except for "entailed" properties in Great Britain, and that's a special case of Lord So-and-so having property "entailed" to prevent him selling off the family castle. But that's a remnant of aristocracy, and doesn't exist in the U.S., so far as I know.

You're confusing 'inalienable' with the idea of 'natural right,' I or something like that.


The fake lease was just for the purpose of turning on utilities. Doubt the true owner would know about it. Remember 7 neglectful years have to pass. you can lose title in a time 'way shorter than that for failure to pay taxes.

In fact, I'd think the fake lease would be EVIDENCE of hostility.


--you don't get the sovereign right to lebensraum.

How is expansion through force equivalent to the right to own property? Seems to me you are infringing on the property rights of those you conquer.


Can we get back to the real world ?

Obama Sees 'Glimmers Of Hope' Across Economy

President Barack Obama sounded an upbeat note on the nation's economy Friday, saying "we're starting to see progress" on a number of fronts.

"What you're starting to see is glimmers of hope across the economy," Mr. Obama told reporters after a meeting at the White House with his top financial advisors. He said later he's "absolutely convinced that we're going to get this economy back on track."

The president cited a boom in demand for mortgage loans and refinancings, and a thaw in some credit markets, including the market for some federally backed small business loans.


The closest thing I know of to un (in?) alienable land is that given to churches, which tend to hang on to it forever, and since they don't pay taxes have less motive to use it or lose it. And gov't land.


TCA--

You are correct.

Some comments should be taken with a grain of salt (if not completely ignored).


You're confusing 'inalienable' with the idea of 'natural right,' I or something like that.

No. The right to OWN property is inalienable. The right to a specific plot is a legal right that can be transferred through whatever peaceful, legal means exist. This does NOT include war or conquest as Samdog seems to think.


Speaking of being ignored has Jas gone away?


Some comments should be taken with a grain of salt (if not completely ignored).

What can I say? I'm slow. Smile


I think the run up in the market is due to the return of Tiger Woods to the PGA Tour after an extended rehab. Earl did say that Tiger would change humanity. He didn't say for better or for worse, though.


""But only if you win the case, right? At least, that's the way it would be here in Oregon, and you'd be hard put to win."

Probably due to laws favoring the timber companies.


Don't forget Feudalism. The Normans conquered Britain, but those tied to the soil stayed there. There is some question in my mind as to whether they owned the land in any sense or the land owned them.

They just had to hand their labor, heriots to a different set of people.


These cases are supposed to be hard, but possible.


Adverse possession laws vary a lot from state to state. The time period can be anywhere from 2 to 21 years. Look before you leap. It would be a real shame to file a quiet title action a year early (or check on your investment property a year late.) It's probably been said already (popular thread, this) but it would be much easier and cheaper for the bank to evict Queen Omega than to repair the damage from Alfa the scrap metal jacker. Paradoxically, the bank can protect itself against adverse possession by giving the squatter permission to squat...


.. And gov't land. -LL

I'm surprised to hear that. We have auctions of gov't land here, from time to time, and I expect more will come up soon. The more I hear about what's going on in Florida, the more I'm struck by the differences in the recession from place to place. Oregon and Florida might be different countries, almost.


....you know of course, a group of squatters moving in next door eventually ends up an unruly mess. The nice "humanistic" compassionate discussion being undertaken here reminds me of conversations that might be heard in "One Flew Over The Cuckoo's Nest" script. As a homeowner, IF i had empty houses next door to me, I'd sure as hell like them "to disappear". Short of that, I'd keep law enforcement busy with them.

This happened three-four years back here. I used the "compassionate approach", and it ended up with some guy (?) running around in a dress popping off rounds in the sky while the cops foot-chased him around the ten-acres like a group of keystone cops. I should have realized the cars in and out from around the gypsies' trailers every 15-minutes wasn't a good sign. No thanks - my compassionate days were all used up then. The next time might adversely affect my or my family's health. Needless to say, the trailers and freaks are now gone.

- - - - -

Black Star Ranch


Mine is a net expansion in money supply. Yours is related to prices.

Ouch, I got caught doing what I hate, using the term inflation to describe price changes.

Using the strict monetary definition of inflation, we already have hyperinflation(IMO).

It doesn't make sense for you to use the term inflation in the monetary sense but claim it requires wage increases. The Fed can and is increasing the monetary base right now, and wages aren't rising.


Wrong. When you sell land, you're selling land, you're not selling the right.

Jeez, that's just elementary logic.


Using the strict monetary definition of inflation, we already have hyperinflation(IMO).

It's only inflation if that money makes its way into the economy. If banks sit on it and no one borrows it, it's not inflationary much less hyperinflationary.


dryfly,
Say what?

Were they FORCED to bring the jobs back? No. Then how is that protectionism?

Sometimes you people don't think.

http://www.businessweek.com/blogs/money_politics/archives/2009/02/h-1b_v...


Don't forget Feudalism. The Normans conquered Britain, but those tied to the soil stayed there. There is some question in my mind as to whether they owned the land in any sense or the land owned them. -LL
.
In most places, apart from Russia, the serf had rights, he was not a slave. (In fact, that may be where the word 'slave' comes from.) The feudal system tied everyone to the land, in all sorts of complicated knots of reciprocal obligations in a top-down hierarchy, theoretically with the King at the top. So no one was really 'free' in the modern sense. Everybody had duties they were expected to perform, and they were heritable. If your dad was a baker, you were a baker. Not terribly efficient or happy-making-- if you had a talent, you might never get a chance to exercise it. And a noble couldn't move down to baking or horseshoeing, even if he really wanted to. Boring beyond words.

Feudalism eventually died when people just up and walked away-- there's a German expression, 'city air makes free' meaning: if you walk off the land and escape to the city for a year and a day, you are a 'freeman,' and no longer a serf. That's how the cities began to grow again, after the Black Death. Labor was expensive, so it was worthwhile to leave the farm, even with the risks.


Another interesting point -- regardless of which outcome we get (inflation vs. deflation), there is one inexorable result. Quality of life for the US will deteriorate.

Expectations have been inflated by a bubble in asset prices. Boomers have not saved enough for retirement, have not adequately funded pension funds, and have not paid taxes commensurate with what's been spent. Yet there is an expectation that obligations will continue to be met, and as a society we will continue to lead a privileged existence that we've grown accustomed to. This despite the fact that we consume a greater percentage of the world's resources than our labors justify (as indicated by the wage imbalances, and trade imbalances across countries).

The asset bubble that is now popping is the last bastion of the notion that we can somehow avoid the level playing field created by globalization. As the labor market finds equilibrium, so does quality of life. It is inevitable. Any hope of reversing the slide would involve either protectionism, or militarism. At some point we may need to decide whether we want to try to raise the level of all boats (bring up the emerging world), or slow our own decline by attempting to reverse globalization. In a resource constrained world, either options has its perils.


When you sell land, you're selling land, you're not selling the right.

You don't sell the land. You're actually selling fee simple to the land, which is an estate in the land.


The asset bubble that is now popping is the last bastion of the notion that we can somehow avoid the level playing field created by globalization.

Interesting that your argument assumes a fact few Americans have internalized - a globalized norm.

.............................

Base hits win ballgames.
If you don't take your profits, someone else will.


There are no winners here. These foreclosed/vacant homes are probably the underlying collateral of some CDO or MBS that has been sliced and sold to a pension fund.

When the pension funds are insolvent and retired teachers, police, or firefighters are getting whacked it won't be an amusing situation that this collateral has been devalued or destroyed by advocates for the homeless.

The fact that there are so many homeless in America is a separate tragedy.


Littlest Mandarin writes...

That's right, and the dupes bleating about property rights are really just class warriors roped into fighting to preserve claim to wealth that will never be realized for oligarchs because someone told them it was to "defend what's theirs".

Land and more generally real wealth distribution is a key indicator of a society's health, and a tall, narrow wealth pyramid is sure to topple. But you'll get some dittohead who wants to bleat about Marx or something while he cuts his own throat; the same sucker that wants to repeal inheritance tax so they can pass 100k to their kids... oh, and destroy your country by establishing a heriditary monied aristocracy. "Oh yeah, that. Well, it goes well with the prison industry state-within-a-state I advocate too!"

Zow! Dude...you're...like...totally stealing my best rants!

Are you really Comrade Byzantine Ruins' pen-name?

There is a great concept of Commonwealth - the Common Weal - in the Anglo tradition - that these fools have forgotten.


re: squatting
It's simpler to stub your toe really bad on some neglected property and then sue the owner for much more than just the land + house. o_0

⡑⡓⡏


"Oregon and Florida might be different countries, almost."
-That may be a good thing .
"you're not selling the right."
-You may purchase land but various mineral rights may already be owned or are not transferred to you at time of purchase.


"You don't sell the land. You're actually selling fee simple to the land, which is an estate in the land. " - AA

True, and 'fee simple' is another thing that helped destroy feudalism, because you could sell you rights and interest in the land, and be free of it:

http://en.wikipedia.org/wiki/Fee_simple


new thread ............ and it's been there for a long time.

.............................

Base hits win ballgames.
If you don't take your profits, someone else will.


Yeah, and mineral rights are a separate estate and can be really hard to get rid of.

My friend in West Va. thought she had no mineral rights to her land, but discovered that she did
because some mining company offered to buy them for a song. She declined.

In South Miami-Dade there was some thought that there might be oil, 50 or 60 years ago, and so there are some leased to minerals or oil which were divided up and forgotten about.

Also Fla has the 30 year marketable record title act which vests land in people who at the buyers in a transaction 30 or more years ago. so if you have a phony quit claim deed and pay taxes, you don't have to quiet title, the law does it for you.

This came up in a title claim once in central Fla. Where there were 2 perfectly good chains of title from a scondrel in the late 40s early 50s. Thing was, the county line was moved and so one chain was in one County and the other filed in the other county !! Nobody knew for years because they were largish parcels owned by absentee owners in the middle of nowhere.

You couldn't make this stuff up. Luckily the owner insured by title company I worked for was filed in the correct county.


IIRC, the Third World - real property question is covered in Hernando DeSoto's The Mystery of Capital. I read it so long ago I don't really remember it well enough to cite any quotes.

"Every man thinks God is on his side. The rich and powerful know he is."
Jean Anouilh (1910- )


Talking to myself again.


OT - Oooops!

"The government said Friday the federal budget deficit for the first half of fiscal 2009 jumped to $956.8 billion, more than $500 billion above the gap for all of the prior fiscal year. " Lets not forget the $50-billion Obama forgot about for the military yesterday. I think they call that a TRILLION-DOLLARS in a half year?

Yep, the economy seems like it's on the right track. Everything is OK. And then you also have CNN/Money journalists that ask questions for surveys like: "Talkback: What do you need to see to convince you the economy is stabilizing?"

If a steaming pile of unknown brown matter smells like cow-shit, looks like cow-shit, feels like cow-shit, and tastes like cow-shit, chances are, it's cow-shit. Also, chances are the evaluator is an idiot to taste it to be sure.

They estimate that steaming pile will total 1.85-trillion this year. Now THAT'S a lot of steamy crap.

- - - - -

Black Star Ranch


Char, true. Remember the western version of legalized squatting? When the federal gov't opened up lands for settling. You filed a claim & then you had to "prove" it by living on that land for, I think, 10 years. Then you took title. There were claim jumpers & of course people figured out how to game the system. But it was essentially legalized squatting (land "belonged" to various tribes prior to fed gov't saying it was gov't's land).


The diminution of property rights ultimately devolves to reduced personal freedom. Yet another moral hazard consequence.

One element of change in hope-n-change.


Just as some groups are trying to legalize the status of illegal immigrants now, I agree that there will be more and more groups to advocate for squatters and their rights to stay in vacant homes.

There may be a convergence too: let the illegals come and live in all the empty houses because it will be good for our economy!


if allow a desperate situation to occur someone will come and take what you have. Might makes Right trumps all other rights.

Anyway strong families and a strong social net protect property rights far better than moral argument.

Alternately of course you can use superstition and or tyranny but if they fail, look out.


Done