Here on Gilligan's Isle?

 

Did adverse possession make an honest band of the Wellingtons?

 

 

 November
2013 Edition

 

Real Estate   Business   Litigation   Bankruptcy

    (MSBA Certifed Specialist) 

  

 

 

Real estate law basics and sexy, Hollywood themes go together like peas and carrots.  So why not take advantage?

 

You know the story.  It started from this tropic port, aboard this tiny ship. . . - Steve

 

peerless fan 

 

 
A big fan of - truth in parody.

 

Was it ever really Gilligan's Isle?  
 

 

The ship set ground on the shore of this uncharted desert isle.  Except for some itenerate head hunters that visited from time to time for recreational purposes and otherwise made no claim of ownership, it was a deserted island somewhere perhaps in international waters.  But since in 1964 we as a nation weren't keen on global good-neighbor policies, let's assume US real estate law applied.  Oh, and let's also assume Minnesota law is universally recognized.  Since America is not supposed to be an imperialist nation, the natural legal concept to apply would be . . . adverse possession!
 
Adverse possession is ultimately a theory prohibiting a person from recovering land that s/he hasn't held in his/her possession within 15 years.  Let's take a closer look, Little Buddy.
 
To adversely possess property Gilligan must show clear and convincing evidence that he possessed the island actually, openly, hostily, continuously and exclusively for at least 15 years. 
 
There are a couple show stoppers to address before diving into further.  First, if the property had been registered title (as opposed to "abstract" title) then Gilligan could not have established adverse possession.  Second, one can't adversely possess property owned by the government.  We can safely assume title to the island was never registered.  It was "uncharted", after all.  Government ownership?  Let's save the finer points of maritime law to someone with a higher pay-grade than mine.  (I'm not even sure it would be "maritime law" - I just like to say "maritime law" once in a while.)
 
Actual? As opposed to fictional?  No.  Gilligan must simply have domination and control over the property.  And since he managed to build a community of bamboo huts, a communal dining area, crude water works, fishing facilities, even stages for production and performance, it would be hard to argue that Gilligan had failed to establish dominion over the land.
 
Open?  Is possession open if there's no one else around to see it?  Forget existential questions.  It's open if its visible from the surroundings, visible to someone who might seek to exercise his rights.  IF the true owner had stopped by, or flown over, or sailed past, Gilligan's domination and control of the island would have been visible.  So far so good.
 
Hostile?  Now we all know Gilligan didn't have a malicious bone in his emaciated body.  (The Skipper?  Well, no one rises to that lofty rank without stepping on the little people, but he's not our focus.)  This one is arguable.  Gilligan's possession is hostile if he takes possession as if it was his own, with the intention of excluding others.  All Gilligan ever wanted was to get OFF the island.  He excluded no one.  Gilligan never admited anyone else's ownership, so there's room to argue.  Still his claim of right is starting to erode. 
 
Exclusive?  Uh oh.  Gilligan shared the island with 6 other castaways.  Not only that, they didn't do much to repel those pesky headhunters.  There were lots of other visitors, some more welcome than others, but none who laid claim to title.  Generally possession need only be exclusive as to the record owner.  Send my business card to the headhunters, though.  They may have a defense to Gilligan's claim.
 
15 Years?  Well, the show aired in September 1964 and continued through April 1967.  That's not 15 years.  But wait!  In October 1978 a TV movie called "Rescue from Gilligan's Island" aired - and they were STILL THERE!  But that's only 14 years and 1 month!  So the answer is NO right? No adverse possession!  Well, at the end of the movie (low and behold) they all end up stranded on the same island! Is Gilligan's claim viable again?
 
The adverse possession must be continuous!  The castaways interrupted their possession before they reached 15 years.  Lower the curtain; it never became Gilligan's Isle.  Which shouldn't bother Gilligan that much.  After all he did have over 14 years to score with Ginger!  Or Mary Ann?  Debatable, right?
 
 
Disclaimer - the analysis set forth here is for general familiarity purposes only and should not be relied upon.  If YOU find yourself stranded on an uncharted desert isle to which you'd like to assert an adverse possessory claim, consult with a qualified real estate attorney before taking any action!
  

Let me know if you have questions or comments about these topics or others. 

Visit my website, www.lodgelawoffice.com, to read more about me, my practice and areas of law that are relevant to you and your business.
Sincerely,



Steve Lodge, Esq.
Steven J. Lodge, PLLC

2006 First Avenue N, Ste. 201

Anoka, MN 55303

(763) 427-9066 (main line)

(763) 205-3058 (direct line)

(763) 447-3627 (fax)

steve@lodgelawoffice.com

 

 

Nothing in the email is intended to constitute legal advice.  The contents of this message are only a cursory description of general concepts in typical real estate or business transaction settings.  Your individual situation may not be consistent with these descriptions.  You should consult with an attorney who focuses his/her practice on the relevant subject matters before acting on any information you read here.