claims adverse possession on 3
First there was the Boca squatter, the 20 something called Loki Boy who fancied himself the Norse god of mischief.
Now there the not so fanciful Jason Friedman, a father of three, who moved into a 3,400 square foot pool home in the Acreage claiming rights through the antiquated Florida law called adverse possession.
Friedman, 37, filed his adverse possession claim with the county on May 14 but had moved his family into the home on May 1. He changed the locks, cleaned up the pool, paid to have fencing put on the property and posted a note: the home had been taken under Florida statute 95.18. All said, he claims to have put about $8,000 into the home.
A Palm Beach County Sheriff deputy wasn having it. Friedman was arrested on the same day he filed the claim on charges of residential burglary, theft under $300, tampering with a victim and resisting arrest without violence.
The home in the 12000 block of 54th Street North is in foreclosure.
is not something I would ever recommend someone doing, said Friedman attorney Robert Norvell about adverse possession. legislature had created that ability for someone to take property, however, in a residential setting with a home, it is fraught with peril. to a sheriff office report, the owner of the house, Devon Anderson, found out about the infiltration from neighbors and went to the home to confront Friedman. Anderson said he felt sorry for Friedman because of his three children.
Anderson agreed to meet with Friedman, who offered him $10,000 to sign a quit claim deed to him. Anderson refused and later called the sheriff office. Palm Beach County Property records show the last purchase of the home was for $373,000 in 2009.
of our furniture and possessions are in the property, we sent in an adverse possession form notarized and filled out to the county tax appraisers office and we called the office several times to confirm the steps that we were taking were correct, Friedman said to his attorney in an email. posted no trespassing signs, told all neighbors on the block what we had done and posted the adverse possession form in the window for anyone to see. enforcement has been less lenient recently of adverse possession claims. Years ago, when the foreclosure crisis was relatively new and people were first testing the waters of the law, officers were reluctant to make arrests, saying the cases were civil in nature and needed to be handled in court.
The adverse possession law was created hundreds of years ago when hand scrawled property records could be lost or damaged. Allowing for adverse possession kept land in productive use when ownership was unclear, or, for example, the owner died with no heirs.
If the person claiming adverse possession stays in the home for seven years, paying taxes and caring for the property, he or she can take permanent ownership.
Norvell said Friedman had seen Loki Boy Boca Raton mansion takeover and thought it was a valid idea. Andre de Paula Barbosa, AKA Loki Boy, was booted from the property after only a few months when Boca Raton Police seized the home and removed his belongings.
thought he was doing the right thing in that he found the property abandoned and contacted the lender. No one wanted to work with him, Norvell said. was under the impression that once he was in the home, the lender would have to deal with him. He didn know (Anderson) was going to come and flip out on him. Follow This Story >