fuck.
HI NOODLE. (west coast squatocracy legal advocate)
its me lost. maybe you've seen my general mailing list shit about how things have been fucking up at termite.
i was just talking to my legal advisor now and she says she uncovered new info that we are a little fucked.
1. Lt. k williams of 5th district says that they have no such requirment to get a warrant or court order to pull us out of our house and charge us as tresspassers. anyone who fails to produce a deed or lease is a tresspasser. my legal advisor just confirmed this today. new orleans is special.
2. we were about to optomisticly proceed on filing an injunction based on that having had corporeal possession for over a year:
_________________________________________________
A trespass action cannot be maintained against someone who has
a
> superior right to the property in question. In fact, the Louisiana
Court of
> Appeals has recognized a right to bring a trespass suit for a
disturbance of
> possession if the possessor has had corporeal possession of the
property for
> more than one year. Harvey v. Havard, 287 So.2d 780, 782 (La. 1974).
This
> right exists regardless of title. Id. The Louisiana Court of Appeals
has
> stated: "It is well settled that, even against the lawful owner, one
who has
> been in possession of property for over one year has a cause of
action to
> prevent an illegal disturbance of that possession and to recover
damages
> resulting from such disturbance, and that, consequently in such
actions
> title is not at issue . . . ." Loeblich v. Garnier, 113 So.2d 95, 98
(La.
> Ct. App. 1959) (citing Esmele v. Violet Trapping Co., 166 So. 477,
Grant
> Timber & Mfg. Co. v. Gray, 60 So. 374). Such a possessor may protect
his
> possession by injunction, even against the owner. Loeblich v.
Garnier, 113
> So.2d 95, 98 (La. Ct. App. 1959).
__________________________________________________
but now my lawyer says that this just protects us from the origional owner. not the cops. the law is intended to make the owner seek process through the cops to evict us formally... or sumthing. what it doesn't do is make my house mine and defensible from police invasions
arg.
3. so right now we're hinging all hopes on the adverse possession case, which gives me the right to take corporeal possession 60 days after march 5th (may 4rth ?) which probably will just allow me to renovate the property but not nessessarily protect me and the happy housemates. we'll prolly have to file injuction based on my right to corp poss at that point cuz i need protection from the po.
4. so how much of a horror show is my life gonna be if i just baricade myself in there na dplay hide and seek and clench my sphinkter and cry ? should i just seize T&V on the down low, fight for my right to participate in the 3 year adverse poss program, and fortify the place ?? if the cops can act on theri own and call me a tresspasser without a warrant or even a complaintant am i gonna be able to assert my ownership with out getting hauled in to OPP ??!
like what the fuck do i do or say if they come by now (or after may 5th when i'm allowed to take corporeal poss according to the advers poss plan). if they dont need a warrant what the fuck is gonna protect me.
things to ask my legal advisor:
-can the police enter my building ?
-am i safe inside the house ??
-if the grab me, charge me with tresspassing, go through court, i get arround the charges, and then move back in can they fuck with me again ??
-once i have corp poss on the adverse poss program, will an injunction for the police to observe my right to corp poss protect me ?
help !!
I want to fight for my house but i cant figure out how to win or even stay afloat.
-lost
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