01-12-2009, 11:56 AM
The adverse posession laws were originally drafted when America was more rural. The goal was to encourage the fruitful use of land. If a land owner was so indifferent to their land that they didn't realize someone was on it using it, then the law, after an appropriate period of time (years), allowed the land to escheat (go to) to the party possessing adverse to the original owner. The goal was to avoid land lying fallow. Your possesion is required to be open, notorious and hostile (terms of art).
That's not what happened here, and as Bob points out, the adverse possession law in Hawaii is 20 years. That longer period than is usual (5 - 7 years) makes sense on an island where you get in your boat (or travel with the military) and do not return for some time.
This should be contrasted with a guy who trespasses, vandalizes property, and squats. He has 19 years and 11 months to go! He is just squatting. Some states also require that you pay taxes on the land that you are adversely possessing.
This is not a civil matter. It is a criminal matter and reporting it is important. It may be attempted elsewhere.
There is a pattern emerging here, and we as a community need to address it.
That's not what happened here, and as Bob points out, the adverse possession law in Hawaii is 20 years. That longer period than is usual (5 - 7 years) makes sense on an island where you get in your boat (or travel with the military) and do not return for some time.
This should be contrasted with a guy who trespasses, vandalizes property, and squats. He has 19 years and 11 months to go! He is just squatting. Some states also require that you pay taxes on the land that you are adversely possessing.
This is not a civil matter. It is a criminal matter and reporting it is important. It may be attempted elsewhere.
There is a pattern emerging here, and we as a community need to address it.