Document Type
Student Article
Abstract
Adverse possession, a staple of first-year law school property classes, never fails to shock the conscience of unsuspecting law students. Some are surprised to learn that a squatter can acquire legal title to another person’s property by moving in and using it for a period of years. In recent years, housing activists have begun to view the doctrine as an outside-the-box solution to our nation’s housing crisis. There are dozens of vacant homes for every person experiencing homelessness in America. Why not give those properties to people who actually use them?
However, this well-intended impulse does not square with reality. Adverse possession law does not incentivize efficient transfers of property when the adverse possessor is a squatter. In addition, adverse possession is—at best—a niche solution. The vast majority of people experiencing homelessness lack the means to pursue an adverse possession attempt, and American adverse possession law is often incompatible with notions of squatters’ rights.
From this perspective, it is tempting to write off this novel application of adverse possession. However, this Article argues that housing activists cause real harm when they advocate for the use of adverse possession. Their rhetoric opens the door for opportunistic individuals to capitalize on unrealistic dreams of home ownership among vulnerable populations. Additionally, it only takes one squatter to trigger public outcry and the imposition of perverse reforms. Therefore, this Article argues that we should not advocate for a cure that could be worse than the disease. Activists must redirect their efforts to interventions that help rather than hurt. Meanwhile, state prosecutors must intervene to stop opportunistic individuals from profiting on others’ adverse possession attempts.
DOI
10.37419/JPL.V10.I4.1
First Page
437
Last Page
472
Recommended Citation
Gambling on Housing: Is Adverse Possession a Valid Tool for the Reallocation of Vacant Property?,
10
Tex. A&M J. Prop. L.
437
(2024).
Available at:
https://doi.org/10.37419/JPL.V10.I4.1