In the case of Andre 'Loki' Barbosa, the gentleman, adverse possession does not exist yet. As far
Question:
In the case of Andre 'Loki' Barbosa, the gentleman, adverse possession does not exist yet. As far as it was reported in the news broadcast, Loki has not remained in the home for the minimum of seven years. In the state of Florida, in order to claim adverse possession, the key element is to possess the property for seven years. Other elements include that if there is a witness, or testimony, it must not be loose or uncertain. This would mean proof must be provided and it must be factual and not left to opinion or interpretation. It is also necessary that proof is consistent. This means that any proof provided to show occupation of the property must show continuity throughout the required and established timeframe by law, in this case that would be seven years. All of these facts would help an argument in court against a claimant of adverse possession. It is also important to note the condition of the home and what, if any, investments have been made to upgrade the home by the owner of the property versus the adverse possession claimant. This notation could make significant statement as to who has more stake in the property.
Please provide a legal basis for your argument and include a discussion of at least one case you found discussing adverse possession and relate it to your position as to whether adverse possession could or could not exist for this squatter. Be sure to explain how that case's decision offers support for your argument.
Fundamentals of Law Office Management
ISBN: 978-1133280842
5th edition
Authors: Pamela Everett Nollkamper