In an era where physical possession has found its digital metaphors, the legal concept of “adverse possession” takes on intriguing new dimensions as vividly depicted in Paul Golden’s new book, Litigating Adverse Possession Cases: Pirates v. Zombies. In essence, “trespassing plus time equals adverse possession.”
This centuries-old legal principle, deeply entrenched in common law jurisdictions, is best understood through the allegory of pirates and zombies. Pirates, in this context, can be referred to those who unlawfully occupy property, while zombies stand to represent the disinterested or absentee owners. The paradox comes into play when the pirate, through open, continuous, and exclusive occupation over a given period, gets to legally own the land – subtly transforming legal wrongs into rights.
While the application of “adversive possession” was traditionally confined to real property, it has found fascinating correlates in copyright law and digital assets. Cases of domain squatting or cybersquatting provide an apt illustration where parties unlawfully occupy digital properties (domain names) and later legally claim them.
Given the unprecedented ways in which properties are now being defined in the digital era, these metamorphoses of ‘adverse possession’ in diverse landscapes pose tough legal and ethical challenges. Corporations and law firms across the globe, keeping a close eye on how these adverse possession cases unfold, are realising that robust monitoring and quick response mechanisms are as critical in the digital space as they are in land and property disputes.
There’s a lot more insights to dig out from Paul Golden’s book; grab your copy, and get acquainted with the potentials and pitfalls of adverse possession in litigation.