Praise for Litigating Adverse Possession Cases: Pirates v. Zombies

"Who would believe that a thirty-eight-chapter deep dive into every aspect of litigating adverse possession - that hoary doctrine that somehow transforms trespass into ownership - could also be an engaging and accessible read? Paul Golden has somehow pulled it off. This erudite and comprehensive volume will prove truly invaluable for practitioners as well as academics and students engaging with one of the most enigmatic, yet practically important, areas of property law."
-Nestor M. Davidson, Albert A. Walsh Professor of Real Estate, Land Use and Property Law, Fordham Law School

"Paul Golden's book is a gold mine for any lawyer litigating an adverse possession case. The book collects cases on every aspect of adverse possession doctrine, and does far more than survey standard problems that complicate adverse possession law. Golden examines the peculiarities of local law in many states and outlines a variety of defenses available to adverse possession litigators. To top it off, Golden's refreshingly breezy style makes it easy to digest the valuable information he doles out."
-Stewart Sterk, Mack Professor of Law at the Benjamin N. Cardozo School of Law of Yeshiva University

Table of Contents:

Part 1: Basics and Preliminaries

1. History / Rationale for the Law
2. Basic Pleading Issues
   
Part 2: The Traditional Elements
3. Claim of Right and Hostility
4. Color of Title
5. Exclusive
6. Actual Possession
7. Open and Notorious
8. Continuous
9. Adversely Holding the Property for the Required Time Period
   
Part 3: Other Potential Elements
10. Peaceful Possession
11. Cultivation, Improvement, Substantial Enclosures, Ouster, and Other
12. Tacking
13. Paying Real Estate Taxes: A Potential Shortcut, and, in Certain States, a Requirement
14. Known and Visible
    
Part 4: Defenses and Disproving Certain Elements
15. Disruptions of Continuous Use
16. Disproving Hostility
17. Statute of Frauds
18. Unclean Hands
19. Statute of Limitations and Laches
20. Torrens Title and Affidavits of Interruption
    
Part 5: Special Kinds of Adverse Possessions
21. Private Parties Obtaining Government Land
22. Government Obtaining Private Parties' Land
23. Terminating or Extinguishing an Easement by Adverse Possession
24. Former Tenants and Co-owners
25. Mining Rights and Water Rights
    
Part 6: Alternatives and Workarounds
26. Prescriptive Easement
27. Deed Reformation
28. Unjust Enrichment
29. Boundary Acquiescence Disputes
30. Boundary by Estoppel or Easement by Estoppel
31. Presumed Grant
    
Part 7 Miscellaneous Matters
32. Bench Trial v. Jury Trial
33. Burdens and Presumptions
34. Hearsay, Parol Evidence, and Dead Man's Statute
35. De Minimis
36. Champerty
37. Tax Lien Foreclosure
38. Attorneys' Fees

Appendix A: Sample Pleadings

Appendix B: Sample Deposition Questions