Adverse Possession

[Brion Russell]

A Gentlemen is attempting to acquire property in Alabama through adverse possession. In the meantime, he is renting the property. Has anyone had any experience with this type of situation? He has been in possession of the property for three years. Any info will help. Thanks!

[Roy Oliphant]

@Jerry W.

I'm thinking that if the real owner shows up in Wyoming, getting arrested is probably the best outcome.

@Davido Davido

There is no way to 'break and enter' lawfully with the possible exception, in some jurisdictions, to allow for saving a life.  Also note that you do not have to break anything to 'Break and Enter' as it is about boundaries and permission not locks and doors.  That said, someone generally needs to prosecute to make it an issue.  If the property is truly abandoned through death without heirs who will be there to prosecute?  Of course, since in that case the property should legally escheat to the state; so by you taking it through AP you are stealing from everyone in the community.  There are legal ways to deal with abandoned properties that keep the community protected.  Someone taking it just because they can has no place in a modern society