"If someone does not make use of it, and lets it sit unclaimed to the point where they don't notice that someone lives there for quite some time" Then you get

"If someone does not make use of it, and lets it sit unclaimed to the point where they don't notice that someone lives there for quite some time" Then you get into different people having different ideas of what it means to "use" something. A person buys a tract of land and doesn't develop it, because she thinks it should be a nature reserve. Another person wants to build a golf course there. Should the second person be able to just waltz in and build a golf course, because the land isn't being "used"? Also, in the case of IP, a piece of IP can be "in use" without being publicly available yet. Consider a book being turned into a movie. That can take years.