Yes, the Tami Robinson adverse possession situation I wrote about the other day hit the newspaper. It stirred up a hornet's nest of animus in the comments, thanks to the way the writer Elaine Silvestrini esilvestrini@tampatrib.com (813) 259-7837 told the story.
First, Elaine got some of her facts wrong. To begin with, in the title - Tami sued on Friday and served deputies on Sunday. They arrested her immediately afterward.
Second, the lawsuit seeks declaratory judgment of her adverse possession rights in federal court, not in state court, which Elaine does not mention in her article.
Third, she failed to point out the lies in statements by sheriff spokespersons. She quoted one saying owners should return to their homes to find them the way they left them. THat is one of the main justifications for adverse possession - abandoned properties deteriorate much faster without occupants in them, due to mold, pests, vandals, overgrown yard, etc. IF the owners left them in good condition, they almost never return, and when they do, the house and grounds look like a mess in most instances. The sheriff rep also lied in claiming the victim made a complaint. The owner did not lodge a complaint. Someone else without authority did. Furthermore the sherrif rep lied in claiming his associates charged what was appropriate. Those four bogus crimes were not at all appropriate. People have rights of adverse possession inherited from 600 years of English/US jurisprudence, enshrined Florida Statute 95.16 and 95.18. Since these statutes tell how to do adverse possession, the right to do it is therefore a foregone conclusion. The sheriffs don't understand the law. They are blinded by their economic jealousy.
In point of fact, adverse possessors provide immense benefits to the owners, the community, and law enforcers, if left alone in accordance with Florida Constitution Article I Sections 1, 2, and 23. Adverse possession is a CIVIL, not a criminal, matter.
Fourth, Gines Flaque does not own the other house as Elaine wrote, and she even contradicted herself by revealing Flaque's comment that his wife owned it.. The deputies lied during the dispute at that house earlier last week, claiming Flaque was the owner when the owner, his wife, was not present at all and he had no right to tell anyone to get out of the house.
And I might add, McKinnon, the Sheriff's spokesperson has no clue what he is talking about when he says people interpret the law incorrectly who take a house that does not belong to them. ANYTHING that the owner abandons becomes "Up for Grabs," so to speak. The government has a right to insist that houses and yards be maintained so as not to become a health or safety hazard. Most abandoned houses are both health and safety hazards. That explains why governments have for over 600 years encourage adverse possession of abandoned/neglected realty. Next time you see McKinnon ask him what would happen to his wife if he abandoned her. Unless she's some kind of termagant, another man would grab her.
Most commenters on Elaine's article resented the lawsuit Tami filed two days before her arrest for crimes related to adverse possession. They didn't see anything racist about the arrest. That means they did not know about the trail of African Americans in the greater Tampa Bay area arrested for similarly bogus crimes related to adverse possession. Law enforcers quite obviously target African Americans and they should be sued over that as well as their general harassment of adverse possessors. One need only Google tHillsborough adverse possession arrest to get a clear picture. One Sarasota man, Joel McNair, committed suicide rather than face life in prison for adverse possession of upwards of 100 homes.
That brings up a very sticky point. Deputies seem to hate entrepreneurs the most in adverse possession. They sometimes leave adverse possessors alone who live in the house, but the always attack those who try to rent it or let it to someone else, especially if they do it for money. Sheriffs don't seem to grasp the fact that an adverse possessor may enjoy the fruit of the possessed property, including fruit from trees, berries from bushes, vegetables from the ground, flowers from the garden, and even rooms or the entire house on the realty possessed. Enjoy means use or rent out. They cannot sell the house because they cannot get clear title, but they can sell their right of adverse possession, according to the English Law of Florida.
Obviously Elaine doesn't understand adverse possession. Elaine, you can learn about it here:
- http://thegetjusticecoalition.blogspot.com/2012/03/taking-adverse-possession-of-vacant.html - listen to my audio explanation
- http://bobhurt.blogspot.com/2011/03/adverse-possession-letter-to-alleged.html
- http://bobhurt.blogspot.com/2011/05/florida-adverse-possession-strategy.html
- http://www.docstoc.com/docs/75591780/Pesky-Questions-about-Adverse-Possession
- http://bobhurt.wordpress.com/2011/11/10/more-pesky-questions-about-adverse-possession/
- http://www.docstoc.com/docs/73561482/Sarasota-Sheriff-Affidavits-Warrants-and-Arrest-of-Joel-McNair-Nov-Dec-2010
- http://bobhurt.blogspot.com/2011/05/trail-of-tears-in-joel-mcnair-suicide.html
- http://www.heraldtribune.com/article/20110604/BREAKING/110609798
- http://bobhurt.blogspot.com/2012/10/tampa-pastor-sues-sheriff-for-adverse.html
Feel free to call me, Elaine Silvestini. I'll give you a free education on adverse possession and keep you up to date on the lawsuit.
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