Real estate agent takes plea in unusual adverse possession case; his lawyer says it should be civil
Initially charged with two dozen felonies, a former real estate agent pleaded guilty to seven and got probation this week in an unusual criminal case that centers on adverse possession.
At issue were four North Las Vegas homes Eric Alpert allegedly broke into and converted for his own use, renting them to unsuspecting tenants.
Under Nevada law, an individual who maintains property and pays taxes for five years can claim legal ownership. However, prosecutors said Alpert didn’t fully comply with this law before renting out the homes. At least some of his tenants were evicted by the actual owner after paying rent and deposits, reports the Las Vegas Review-Journal.
Alpert pleaded guilty to burglary, theft, obtaining money under false pretenses and offering a false instrument for filing or record. He and his lawyer, Josh Tomscheck, said the rentals should have been handled as a civil matter.
Alpert told authorities he posted notices on homes that appeared to be abandoned, giving the owner 15 days to contact him. When that didn’t happen, he changed the locks, the newspaper reports.
Tomscheck said he will request that Alpert be allowed to serve his probation in Hawaii, where Alpert currently lives and runs a motor scooter business.
The lawyer said no one else in Nevada has been convicted in such a case.
