Articles and Interviews: 2003-2007

Ask the Expert (Soap Opera Digest 11/16/04)

On One Life to Live, Blair and Todd decided that they wanted to live in Asa's manse. Thanks to a loop-hole in the divorce settlement that Asa and Blair signed more than 10 years ago, she and Todd found a way to move right in. Can someone's home simply be taken over? Michael Gangadeen, an attorney who specializes in real estate law, gives us the 411 on home ownership.

Digest: Asa left Blair a 12-acre manure pile. Does she own that property?
Michael Gangadeen: That means that she owns the manure pile. You can't jump from one to the other and assume she owns property.
Digest: Because of a typo, it turned out that Blair was actually left 12 acres of land, and the mansion happens to be on it. But she and Asa divorced more than 10 years ago, so he's been living there. Could she just claim it to be hers?
Gangadeen: Not nessecarily. There's something called adverse possession in the law. Let's say you're taking over someone's property, and you're there for 10 years. It has to be open and notorious and for a continuous period. If no one comes in and files any court proceedings to get you out and everyone assumes it's yours, you can file for an adverse possession proceeding and say it's yours.
Digest: So, when Blair and Todd moved in, were they squatters?
Gangadeen: No. They're not exactly squatters, but they are trespassing. They don't have permission from the owner to be there.
Digest: Asa tried to get rid of them by shooting at them.
Gangadeen: He should not do that because he can be arrested for assault. He can be prosecuted criminally as well as civilly. There's actually a case where a farmer set a trap for a burglar, and when the burglar got injured, he sued the farmer. Asa would be better off filing a police report or going to court.
Digest: Asa was put in a mental institution because of his behavior. Have you ever had any clients who ended up being institutionalized due to dealing with a real estate issue?
Gangadeen: No, but I've known some who should've been [laughs]! I tell people when they sign a contract, "This is the second-most stressful thing you're going to go through -- after the death of a loved one." -- By Naomi Rabinowitz