The 1850s were a fine period indeed. The city of Los Angeles, California officially incorporated, ruffles and over sized domed skirts were all the rage and refined ladies and gentlemen got their jollies listening to performances of the song, "Camptown Races." It was also the year that claiming property under the terms of "adverse possession" became popular in the nation. While the other trends have finally been laid to rest, adverse possession is officially making a comeback in relation to individuals attempting to claim the deeds of foreclosed and abandoned houses.

Adverse possession is a real estate law process involving an individuals' claim to a parcel of land or property. The property in question is technically abandoned by the previous owner and from Puyallup, Washington to Broward County, Florida, some investors are implementing the strategy as a way to claim properties left vacant by the recent real estate market collapse.

History of Adverse Possession

Adverse possession is a common law dating back to the time period prior to the reign of Henry I of England (circa 1068/1069 – 1 December 1135). In it's earliest incarnation, the process of claiming the abandoned property of another was called "put into seisin." The action is based on the doctrine of laches that loosely translates into landowners failing to exercise and defend his or her property rights risk the old adage of "you snooze you lose."

During the 1850s in America, adverse possession was used as a way for plantation owners to claim runaway slaves. While the law still remains on the books, the latest application involves real estate investors and squatters moving into abandoned properties, investing time and effort into the renovation of the home and staying put for up to 10 years in order to make their legal claim.

Legal Requirements of Adverse Possession

While the actual time period to claim adverse possession varies from state-to-state, the law is very real and requires specific qualifications to pursue. The legalities surrounding the modus operandi include:

• Possession of the Property: Urban legend states that "possession is 9/10th of the law"
• Open Use of the Property: New claimants to the land must show their intent by taking on the responsibility of property taxes and utility bills
• Exclusive Use: Property claimants must be the only ones using the land during the stated time period
• Hostile or adverse use of the property: Claimants must have seized the property from the original owner without their prior knowledge or consent
• Continuous Property Use: Adverse possessors must openly use the land for a period of years and treat the land and home as there own

Area's Affected by Adverse Possession

Thanks to the current state of the nation's real estate market, there have been current reports of individuals stealing homes in states including Georgia, Wisconsin, Texas and Washington. The New York Times reports that Florida is ground zero for the movement. According to independent real estate analyst, Jack McCabe, (McCabe Research and Consulting) “Florida is the capital of real estate fraud.” One reason that makes Florida a Mecca for adverse possession activity is that the state does not require claimants to submit any type of notification regarding their actions.

Homeowners concerned that their homes may be mistakenly claimed need to make sure they monitor their properties on a regular basis. Individuals who own vacation homes may want to hire independent management companies to tend to their land during their absence. Consumers who only have one home but fear foreclosure, have other alternatives such as refinancing a current loan courtesy of MortgageMarvel.com to lower monthly payments or speaking directly with a lender to create a mortgage forbearance agreement.