Portland homebuyer finds locks changed, home occupied - KPTV - FOX 12

One of many tactics used by those in the sovereign movement is called adverse possession.

FOX 12 was able to briefly speak with the woman who has been living in the home without permission. She said she and her husband and young daughter had been homeless, and claimed the property as "adverse possessors." The term is used when trespassers claim legal ownership of a abandoned property by physically occupying it and improving it.

Bruce Orr, a real estate attorney with Wyse Kadish, said the family is squatting on the property in spite of its claims, and that Nylund could have them forcibly removed by the sheriff's department, although it would have to be done through the courts.

Adverse possession is a legitimate means to acquire real property through common law, or case precedent. BUT (and it is a big but), it exists solely to "cure potential or actual defects in real estate titles by putting a statute of limitations on possible litigation over ownership and possession. Because of the doctrine of adverse possession, a landowner can be secure in title to his land. Otherwise, long-lost heirs of any former owner, possessor or lien holder of centuries past could come forward with a legal claim on the property. The doctrine of adverse possession prevents this. This means the law may be used to reward a person who possesses the land of another for a requisite period of time. Failure of a landowner to exercise and defend his property rights for a certain period may result in the permanent loss of the landowner's interest in the property. In economic terms, adverse possession encourages and rewards productive use of land."  (See also)

A Washington man who recently closed on a home in Northeast Portland was shocked to find a family had recently moved in and changed the locks.

Rod Nylund said he learned about the occupants, who he assumes are squatters, last week when a contractor he sent to do work at the home called to tell him it was occupied. Nylund called police and confronted the occupants, but said the officer was unable to do anything about it.

Nylund said his realtor found out the couple had not only changed the locks, but started utility service at the home in their names.

"It's kind of like buying a car and you walk out to get in it and somebody's sitting in there," said Nylund

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According to John Henry Hingson, a Portland-area attorney, Nylund will have to go to court to remove the home's current occupants by filing a forcible entry and detainer action.

Portland homebuyer finds locks changed, home occupied - KPTV - FOX 12