Tag Archives: single-family homes

A growing interest in acquiring property through “adverse possession”?

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I highlighted a story last week about a Texas man who hoped to become the owner of a $350,000 McMansion through “adverse possession.” One writer suggests there is a growing interest in this method of acquiring land:

People have been making adverse possession claims for decades. The most famous cases happened on the Lower East Side of Manhattan in the 1980s and ’90s, when artists, punks and homeless people squatted in vacant buildings and brownstones.

Under the law at the time in New York State, people could take possession of a property if they lived there for ten years and made efforts to “cultivate and improve” the property, says Kathy Zalantis, a real estate lawyer with Silverberg Zalantis in White Plains, NY. That’s why you saw people who did this during the 1980s and ’90s mowing the grass, planting trees and gardens, and making structural improvements to the buildings themselves, Zalantis says.

Now, interest in adverse possession is growing again. Across America, hundreds of thousands of homes are sitting empty. If you live in New York or have visited since 2008, you’ve probably noticed all those big empty buildings that were constructed during the housing boom but never quite finished, and are now sitting empty. Zalantis says she’s receiving a big surge in phone calls from people who have taken up residence in empty spaces (yes, squatting), including one just this Wednesday.

Most of the calls are from people taking advantage of the foreclosure crisis by moving into vacant houses, apartments and condominiums where the foreclosure process has stalled in the courts, Zalantis says. Now they’re living rent-free. And they’re checking to see if they can take permanent ownership of the place.

It seems like two things are key then to acquiring property by this method: being in the building for a certain amount of time (which appears to vary by state) and doing something to maintain/improve the property. I assume, however, that the rightful owners can come back to the property and kick out the squatters. Therefore, shouldn’t someone who pursues this be pretty sure that the current owners have such little interest in the property that they are willing to lose ownership?

In the case of a lot of single-family foreclosures, I can’t imagine banks would be willing to simply write off their losses and lose these properties. However, if housing prices continue to drop, perhaps some institutions will be willing to lose properties rather than devote resources to trying to squeeze some money out of these homes.

A life of leisure in the suburbs

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In addition to noting how suburbs began because of religious intentions to pull women out of dirty and immoral cities, this essay looks at how the suburbs were seen as a place for leisure, ultimately exacerbating the divide between work and leisure:

The idea of the bungalow and its compound, the suburb, caught like wildfire, largely because its hidden message was one of leisure, universal and perpetual. The bungalow exists in dozens of different cultures with almost as many definitions – from seaside shack (Britain) to hotel-side pavilion (Germany) to house fit for Europeans (Africa, Mexico and the Caribbean).

The common theme, apart from the sense of a stand-alone single-family dwelling, is the theme of manifest leisure, obvious waste or, in Thorstein Veblen’s term, conspicuous consumption. ”People will undergo a very considerable degree of privation in the comforts or the necessaries of life,” Veblen wrote in his 1899 Theory of the Leisure Class, ”in order to afford what is considered a decent amount of wasteful consumption”.

The idea that this waste-time, or leisure, might be available to everyone quickly made it despised by the upper classes but beloved by the rest. It was as if, in buying a bungalow, you were buying the promise, or at least the possibility, of perpetual vacation.

But there’s an irony here which, like so much of Western modernism, looks set to rebound on us. For excess leisure doesn’t make us healthy or happy. We’re just not that kind of primate.

I wonder how this has changed today for generations that were raised in the suburbs. The contrast between the life of leisure in the city versus the suburbs was probably quite clear for those who lived in the city, particularly industrializing cities in the 1800s and early 1900s, but for those that have only known the suburbs, do the suburbs still operate as a haven for leisure? Is the key to suburban leisure the actual relaxing nature of it or its contrast to alternatives that are perceived as being even worse?

This essay also hints at how the work-leisure divide can be bridged. One option presented is to construct more mixed-use developments where workers and residents could interact more. But another option would be to construct or rebuild “third places” where people could find a middle ground between home/family and work. Such institutions (commericial or not) could mediate these two realms. Third, I wonder if this problem might dissipate as younger adults may be more willing to mix these two categories as work becomes less of an income-earning activity and more of a passion, vocation, or calling.

More “comfort architecture” on Long Island

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Many homes are built in current styles, even if that style is a return to traditional architecture:

On an island where the traditional is king, most residences can easily be dated — Capes to the postwar Levittown era; ranches, split levels and then high ranches in the ’50s and ’60s, cedar-sided contemporaries in the ’80s, and during the McMansion boom in the late ’90s, “colonials on steroids.”

Over the last decade, many architects and builders have veered toward a more ageless, classic approach.

Some of the materials used to achieve that nostalgic charm, however, are increasingly 21st century, more energy efficient and durable. The exterior trim on the stone manor is a resin-based material called AZEK that looks like wood but is rot-proof. Ira Tane, the president of Benchmark Home Builders in Huntington Station, recently completed a gabled Victorian in South Huntington with fake cedar siding, a cultured stone facade on the front porch, authentic-looking but modern windows with “simulated” divided light panes, AZEK-type trim, fiberglass porch columns; composite porch rails and decking, “all of which contribute to a look that will stand the test of time.”

 Homeowners stick to traditional styling because “there is a real comfort zone in what is very familiar,” Mr. Tane said. “It conjures up a warm, fuzzy feeling. For eating, we have comfort food. For homes, we have comfort architecture.”

Two things stick out to me:

1. Even though these homes are built in a traditional style, they can be easily dated just as much as other homes like 1950s ranches or 1990s McMansions. If you look, for example, at the picture of the home at the top of the story, I think most people could tell it is recent construction. While the homes may have certain traditional style, I don’t think they are going to be confused with older homes.

2. The goal here is invoke tradition withiout really being traditional. As the story notes later, people don’t really want the “100-year-old house with 100-year-old problems.” So they simulate the sense of permanance and tradition instead AND they get all of the modern amenities including big closets and energy efficiency.

I would be interested to hear builders and others explain how these homes are really that much different from McMansions. Perhaps the main difference is that they are not as mass-produced on smaller suburban lots, though it sounds like a decent number of these traditional homes have been built. They are still large homes for wealthy people though they may be more energy efficient. Maybe these new traditional homes are just mansions which are at least not as common as McMansions. Would the same people who complain about McMansions also complain about these homes?

A unique way to acquire a McMansion: “adverse posession”

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Amidst many foreclosures across the country, one Texas man believes he has found a way to acquire a suburban McMansion for $16. The move involves invoking “adverse possession” to take possession of the $300,000 home:

“This is not a normal process, but it is not a process that is not known,” he said. “It’s just not known to everybody.”

He says an online form he printed out and filed at the Denton County courthouse for $16 gave him rights to the house. The paper says the house was abandoned and he’s claiming ownership…

But, Robinson said just by setting up camp in the living room, Texas law gives him exclusive negotiating rights with the original owner. If the owner wants him out, he would have to pay off his massive mortgage debt and the bank would have to file a complicated lawsuit.

Robinson believes because of the cost, neither is likely. The law says if he stays in the house, after three years he can ask the court for the title.

It will be interesting to see how this plays out as it would require someone, the true owner, the bank holding the mortgage, or the government, to move this guy out. It is funny that the neighbors seem to be the ones leading the charge against this guy: are they simply jealous that he was able to acquire a home for this little money?

But perhaps this story hints at a positive side effect of the foreclosure crisis: states and other governmental bodies get a chance to review all sorts of laws regarding mortgages, foreclosures, and housing possession.

McMansions don’t represent progressive home design

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Here is a suggestion that McMansions are not in the best tradition of modern American architecture:

McMansions

In the past American design was modern and the emerging architectural vernacular reflected that, from the Farnsworth to LA’s Case Study houses (such as the one pictured above) or to Eichler’s industrialisation of modernism, for the masses.

But now this has been replaced by a new version of the old, from McMansions to Pottery barn, Victorian design represents regression in the form of aspiration to a pre-industrial age, America’s current design prudery is a form of technological regression that is so pervasive, we should be very thankful for the brilliant exceptions such as Apple.

In this critique, the McMansion is simply recycled architecture, an example of our “design prudery.” I will grant that McMansions may borrow from older designs and may even do a poor job of combining multiple styles.

But, I think there could be a larger argument made here: Americans have been fairly resistant to modernist home designs. The functional and simple ranch may be the most modern home most Americans would consider. (Was there a historical point where home design really took a great leap forward or where it took a great leap back?) Thinking in Bourieu’s terms, are Americans more concerned with the functionality of homes rather than their aesthetic value?

This quick description of McMansions also leaves out another element: home design is also about status for homebuyers and residents. Older or established styles can confer a sense of permanency, history, and grandeur. Do Americans not like more modern home designs because it paints them in a negative light by suggesting they are elitist or too individualistic?

Stereotypes of apartment renters

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Americans who are homeowners, whether they own single-family homes, condos, and townhomes, are typically regarded as respectable, hard-working, and upstanding citizens who have sought after the American Dream. But there are different opinions regarding those who rent apartments. Here is an example from Manteca, California:

You rarely see landlords for single family homes that stringent and quite frankly, not all homeowners could pass such muster.

That is why it is a tad absurd that a number of homeowners when confronted with news that someone is proposing a $30 million apartment complex in their neighborhood believe it will be allowed to be occupied by rowdy, inconsiderate slobs, who will park cars all over the adjoining neighborhood and pursue a lifestyle that will drive home prices down.

If you want to see such behavior, there are plenty examples in Manteca neighborhoods – including those built since 2000.

No one is debating that there aren’t examples of somewhat trashy older apartment complexes that let everything go to hell. In Manteca, though, they are fairly rare due to the aggressive stance the city has taken. And in fairness to many owners of smaller and older apartment buildings in town where rents definitely are more affordable they are doing a good job of keeping their complexes in shape and devoid of problem tenants.

To go after single family homes whose tenants create such problems is much more difficult as often a landlord will have only one or two homes and live out of the area.

It is also true that the much more stringent construction and development standards of today make it next to impossible for rents for new complexes to be relatively low. That is why Paseo Apartments starts out at $975 a month for a one bedroom and one bathroom apartment.

In my research on suburban development, I found a number of examples where suburbanites were opposed to apartments because of the type of people who live in apartments. One complaint was about the transient nature of apartment living. The assumption was that single-family homeowners are more rooted in a community while apartment dwellers move more frequently and care less about individual municipalities. Having too many apartments would mean that a greater proportion of residents wouldn’t really care about the community. This was commonly tied to the disruption of a community’s single-family home character

But a second complaint included thoughts about low-income residents and seemed tied at times to race and ethnicity. Since these suburbs were heavily white, apartments were seen as places where less wealthy and non-white residents could live. Such residents might engage in more uncouth behavior, sullying the reputation of idyllic, white suburbs. Apartment complexes are viewed as crime magnets because lower-income, non-white residents are assumed to be more prone to crime.

It sounds like both issues might be taking place in Manteca: even nicer apartment complexes with high rents and amenities are not granted the moral equivalency of a nice single-family home neighborhood. Additionally, the author tries to point out that there is anti-social behavior in single-family homes as well as apartment complexes but this isn’t often recognized.

With all of the talk about more multi-family housing construction, these issues will need to be overcome in many communities.

(Side note: a third complaint about apartments I found is the argument that apartments don’t generate enough tax revenue for the services that will be required. This commonly is tied to school funding as apartments, depending on their price and size, might attract more families who will overburden the schools. So senior apartments might be more likely to be approved than three or four bedroom apartments that will likely draw families to the community.)

Can we expect a multi-family housing construction boom soon?

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Most housing news these days is bad: dropping prices, foreclosures working their way through the system, and a sales slowdown that might continue for some time. But some analysts suggest there may soon be a construction boom in multi-family housing:

But for now, you can see from this chart that overall home building did, indeed, boom during the bubble. Multi-family home building, however, remained pretty consistent between 250,000 and 300,000 structures per year throughout the bubble and declined in late-2009. Single-family building, on the other hand, grew to a rate of about one million homes per year in the mid-1990s to peak close to the rate of two million per year in early 2006. Then, of course, construction plummeted…

From all of this, we can conclude a few things. First, before long, residential construction will have to rise. Although vacancies are high currently, household formation should experience a boom as the economy adds jobs. With it, those vacancies will decline and new homes will be necessary to accommodate the growing population.

Moreover, both reasons for the decline in the rate of household formation indicate a need for more rentals. Young adults who are finally able to move out of their parents’ homes will mostly rent first. They’ll have short credit histories, relatively low wages, and little savings for a down payment. That combination that doesn’t usually spell mortgage approval when underwriting is strict. And those who are living with relatives or friends because they have been unemployed for an extended period will also likely need to rent at first. They might have experienced financial troubles affecting their credit histories, their new wages will often be lower than what they earned before being laid off, and they may have little savings for a down payment if they needed to rely on that money when unemployed. Additionally, all of those millions of Americans who defaulted on their mortgages will have no choice but to rent for quite a while. Banks certainly won’t give them a new mortgage for at least several years.

Now add this into the fact that multi-family construction remained constant during the boom, while single-family construction rose. This could translate into a coming mismatch between the types of housing units available and the specific housing demand that will rise. For the reasons just described, going forward the home ownership rate should fall to and remain at or even below its historical norm, while renting becomes more common. This implies two outcomes. Some single-family homes will need to be converted to rentals and additional multi-family structures need to be built.

The argument here is that the housing slowdown is really about single-family homes since changes in demand, driven by demographic trends including the slowing of household formation, mean that there are not enough multi-family, rental housing units and so we will soon have more multi-family housing construction.

There could be some people who might work against this trend. Recent advertisements from the National Association of Realtors suggest they want to promote single-family homes and homeownership. I wonder how quickly the housing industry could shift to building more rental units even if this is overwhelmingly what consumers desire and would developers and builders reach the profits they want from constructing multi-family units? Additionally, how many suburban communities would approve more multi-family and rental housing that might mar their single-family home character?

How a long commute harms you

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The Infrastructurist has a round-up of recent studies that show the negative effects of long commutes: higher rates of divorce plus “low happiness, high stress levels, and loneliness; they even makes us physically unhealthy.”

As they note, enough Americans seem willing to make the trade-off between a better house for a long commute. Is this because people simply don’t know or think about the social costs of long commutes? If not, what sort of organization would or could make this more known?

Great quotes in homeownership #1: Owning a home keeps Americans from Communism

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In a recent conversation with a college friend, we talked about how keeping up with a home takes a lot of time. This reminded me of a quote from William Levitt, a member of the famous family who built the Levittowns:

He [William Levitt] was a prime facilitator of the American Dream in its cold war formulation. “No man who owns his own house and lot can be a communist,” he once said. “He has too much to do.”

So the key to fighting the Cold War through homeownership was not about owning private property; it was about keeping men (and women?) busy taking care of their homes so they can’t get involved in causes like communism.

The trick is that people have to want to and be able to put the time, effort, and money into homes that they buy. Starting mainly in the 1960s, Americans were given new options for homeownership that didn’t require as much work: townhomes and condos. (Contrary to the typical interchanging of the two terms, these two types of units are actually different: in a townhome, the homeowners own the land while condo owners do not.) The associations in these developments take care of much of the outdoor work leaving the homeowners to tackle the interior.

In addition to Baby Boomers who are retiring and downsizing to homes that will require less work, I would guess that many in the younger generation want homeownership without all the work.

An architect places the McMansion in a box of mirrors

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An architect recently spoke at Dartmouth and discussed his thoughts about McMansions:

Cruz showed the audience his representation of “McMansions,” or luxury suburban residences, which have become a large part of the ideal American home. Cruz’s “McMansion,” exhibited at museums throughout the nation, is a small plastic model home placed in a box of mirrors. The image repeats into infinite space, epitomizing the monotony of traditional suburban landscapes.

Alternatively, citizens can come together to create new plans for their neighborhoods, Cruz said.

“The mythology of the American dream of ownership has become unsustainable,” Cruz said. “We need to rethink ownership, and rethink how a small house can become a small village.”

Cruz is well-known for his research on the Tijuana-San Diego border and most recently received the Ford Foundation Visionaries Award, which recognizes leaders’ efforts to improve economic opportunities. He is currently a public culture and urbanism professor at the University of California, San Diego, where he co-founded the Center for Urban Ecologies.

It sounds like Cruz defines McMansion in these ways: they are luxury homes, meaning they are expensive and have a lot of features, and they are monotonous (“cookie-cutter”) when placed with a bunch of similar houses in a neighborhood.

Here is a little more about Cruz’s 2008 work titled “McMansion Retrofitted” at the San Francisco Art Institute that emphasizes the spaces created in the suburbs by recent Mexican immigrants:

McMansion Retrofitted, 2008
Plastic model, pedestal with mirrors, and two videos
Courtesy of Estudio Teddy Cruz…

The areas of San Diego that have been most impacted by this nonconforming urbanism are concentrated in its first ring of suburbanization. At a moment when developers and city officials are still focusing on two main areas of development—on one end, the redevelopment and gentrification of the downtown area and, on the other, the increasingly expansive suburban sprawl resulting from an equally high-priced real estate project supported by an oil hungry infrastructure—it is the older neighborhoods of San Diego’s midcity that remain depressed and ignored. It is here in the first ring of suburbanization that immigrants have been settling in recent years, unable to afford the high rents of the downtown area’s luxury condos or the expensive “McMansions” of the new suburbs, though providing cheap labor for both.

Interesting – Cruz’s preferred neighborhoods sound quite vibrant and diverse. You can read more here about Cruz’s thoughts on how immigrants are changing neighborhoods in San Diego. Also, Cruz has in the past been involved with converting McMansions to multi-family housing (though this home is 70,000 square feet – more of a mansion or a castle).