Why adverse possession?

Adverse possession is one of the first things you learn about in law school. Or so I hear. My husband – I’ll call him Junior Partner, or JP, from here on out – spent some time explaining the concept to me during his first week or so of the semester. He seemed excited by it, as did his newfound law school friends who eagerly worked it into conversation here and there the first time I met them for a post-work/school happy hour.

To this point – more than halfway into the term – I think it is the only law school concept that has managed to take hold in my theory-and-jargon rejecting mind. But when something takes hold with me, it really takes hold. I quickly began to think of adverse possession as a loose analogy for the new relationship triangle that is now my reality. A triangle in which I now complete with Law School for the attention and assistance of my spouse.

Let’s run through the analogy a little. According to the highly-respected law reference site, wikipedia:

“In common law, adverse possession is the process by which title to another’s real property is acquired without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owner’s rights for a specified period of time.”

Now, if you just think of JP as “real property” and me as the “true owner” – I think an argument can be made that law school is making a play for ownership here. For example, right now it is a little after midnight and I am in bed writing a blog post. Where is JP? Briefing a case in the dining room, all snuggled up with his red leather law books and shiny new laptop. Conflicting with the true owner’s rights, indeed!

Oh, but there’s more to this analogy. Wikipedia goes on to explain:

“Adverse possession requires three elements in regards to possession of the property:

1. physical (actual, visible, notorious)
2. mental (hostile)
3. temporal (continuous)”

Well, JP is physically with me a lot less these days, and he sure does spend a lot of time doing law-related whatnot. Plus, he’s always lugging around giants books and has significantly more stubble than in the past. Physical: check!

How about mental? I think JP (and probably anyone else who has gone through law school) would attest to the mental choke hold 1L year puts you in. Some might even go so far to liken it to a hostile takeover. Check!

As for temporal, I know all I can see as I look into the future is law school, law school, and more law school. Classes, internships, externships, clerkships – it all feels pretty continuous to me. Check!

Don’t get me wrong: I am ecstatic for JP that he is living out his dream of going to law school. Seeing him so engaged and excited is a true thrill. But welcoming law school into our relationship is also a huge adjustment – one that I can’t honestly profess to always feeling all that magnanimous about. I plan to use this blog as a place to process and vent and make tenuous analogies that will no doubt draw the scorn of people who actually know what they are talking about. You see, I have a little spare time on my hands these days!