Squatters' Rights: Legal Or Lawless?

Squatting is when someone occupies a property they don't own, rent, or have permission to live in. While squatting is illegal in California, for example, squatters still have certain rights under state law. Squatters are considered trespassers, and in many cities, trespassing is no longer a priority for law enforcement. Squatters often exploit this by delaying eviction through legal loopholes, and some cities even treat squatters as tenants, making it difficult for property owners to remove them. However, squatters can face legal consequences, and property owners can take steps to protect their properties from potential squatters.

Squatting vs. Trespassing

Squatting and trespassing are two different things, although all squatters are trespassers, not all trespassers are squatters. Squatters intend to take ownership of the property, whereas trespassers do not claim to have a right to the property. Squatters are treated as tenants, and landlords must go through the eviction process to remove them. Trespassers, on the other hand, are committing a crime and can be removed by notifying the authorities.

Squatters move into a vacant property without the owner's permission and claim ownership. They can do this by receiving utilities or bills in their name. Squatting is usually considered a landlord-tenant issue, although it can be seen as criminal behaviour. In some states, squatters can gain ownership of a property if they reside there for a certain period and pay taxes. For example, in New York, if a squatter lives on a property for 10 years and pays taxes, they can claim the land as their own.

Trespassers enter and occupy a property without permission, and they do not claim any right to the property. Trespassers are committing a crime and do not have the same rights as squatters. If a trespasser has occupied a property for a short amount of time, such as a few weeks, it may be considered a criminal situation, and they can be held responsible for breaking and entering.

The process of evicting a squatter is similar to evicting a traditional tenant. The first step is to research squatter rights and determine whether the intruder is a squatter or a trespasser, as the removal process will differ. If the intruder is a squatter, the landlord must send them a written notice to vacate the property. If the intruder is a trespasser, the authorities should be notified immediately. If there is still uncertainty about whether the intruder is a squatter or trespasser, the police can determine the next steps by establishing whether it is a civil or criminal matter.

Adverse Possession

• Claim of right: The trespasser must have a reasonable basis for believing that the property legally belongs to them.
• Open and notorious: The trespasser must use the property as the real owner would, without hiding their occupancy.
• Continuous: The trespasser must possess the property for a specified period, which varies by location. In the US, this period ranges from three years to 40 years. In Oklahoma, for example, the statutory period is 15 years.
• Exclusive: The trespasser must be the only one occupying the land.
• Actual: The trespasser must exercise control over the property.

In some jurisdictions, additional requirements may include:

• Color of title, claim of title, or claim of right: A legal document that gives the trespasser title to the property.
• Good faith: The trespasser must demonstrate a basis for believing that they owned the property.
• Improvement, cultivation, or enclosure: The trespasser must improve or cultivate the land.
• Payment of property taxes: The trespasser may be required to pay property taxes.

Squatters' Rights

Squatting is when someone occupies an uninhabited or abandoned residential property that they do not own, rent, or have permission to live in. While squatting is illegal in many places, squatters do have certain rights in some jurisdictions. For example, in California, squatters can gain legal ownership of a property through adverse possession if they meet specific requirements, such as openly and continuously occupying the property for a set period (usually five years).

It's important to note that squatters' rights do not override the property owner's rights. Property owners can take legal action to evict or remove squatters from their land or buildings. In most states, property owners must provide squatters with a notice to vacate before filing for eviction. This notice provides a timeline for the squatters to leave, typically ranging from three to seven days. If the squatters don't leave after the notice is served, the property owner can then proceed with the eviction process by filing a lawsuit.

To protect their properties from squatters, owners should take preventative measures such as regular inspections, securing all entry points, posting "No Trespassing" signs, and making the property appear occupied. By taking these steps, property owners can reduce the risk of squatters gaining legal rights to their properties.

Eviction Process

Squatting is illegal, but it can be difficult to remove squatters from a property. Squatters are trespassers who enter a property without any legal claim or title to it and live there without the owner's consent. While squatters do not have the right to unlawfully occupy a property, they have the right not to be forcibly removed without a court order.

In the case of an unlawful occupier, the landlord must apply to the court for an eviction order. The landlord must first cancel or withdraw any right or consent previously given to the occupier and notify them in writing, giving them a reasonable amount of time to vacate the property. If the occupier does not leave, the landlord can then approach the court to start the eviction procedure. The court will set a date and time for the eviction hearing, and written notice must be served to the unlawful occupier(s) and the municipality at least 14 business days before the hearing. Both the landlord and the unlawful occupier(s) must be present at the hearing. If the unlawful occupier(s) is not present, the court may proceed in their absence and grant an eviction order.

The American Apartment Owners Association (AAOA) recommends the following steps when evicting squatters:

• Call the local police and file an official police report as soon as possible.
• Serve the squatter with a formal eviction notice.
• File a lawsuit if the squatter refuses to leave. You may want to use a real estate attorney who specializes in residential evictions to ensure the correct legal process is followed.
• After the hearing is scheduled and a judgment is made in your favor, local law enforcement will be used to remove the squatter.
• Remove any possessions left behind by the squatter. Most states require the property owner to notify the squatter of a deadline to collect their belongings.

It is important to note that the landlord should not take the law into their own hands by cutting utilities or attempting to intimidate the squatter. Instead, they should seek legal advice and follow the legal eviction process.

Preventing Squatters

Squatting is a growing problem in many cities across the United States, with homeowners returning to their properties to find that squatters have broken in and are refusing to leave. Squatters are people who move into abandoned, foreclosed, or unoccupied homes or premises. They can be previous tenants, families whose mortgage was foreclosed, or those who move in after a tenant moves out. In some cases, squatters have rented properties on Airbnb and then stopped paying, squatting in the homes for extended periods.

To prevent squatters from taking over your property, consider implementing the following strategies:

Level Up Your Home Security:

Fortify all entry points, including doors, windows, and other potential access areas. Invest in high-quality locks that are difficult to compromise. Reinforce windows with security bars or screw them shut. Install a video security system, motion-sensing lights, or alarms. Post "No Trespassing" signs to reinforce your legal rights and discourage unauthorized entry.

Make Your Home Look Lived In:

Squatters often target properties that appear vacant for extended periods. Create the illusion that someone is currently living in the property by keeping a car in the driveway and setting lights on timers to turn on and off regularly. You can also put up security signs, such as "Beware of Dog," even if you don't have a dog.

Regularly Check on Your Property:

Conduct regular property inspections to help identify any signs of unauthorized occupancy early on. If you live too far away, establish a network of trusted neighbors or friends who can report any suspicious activity or potential squatters.

Take Legal Action ASAP:

Establish legal property ownership to assert your rights and deter squatters. Ensure all necessary paperwork, including deeds and property titles, is current and reflects your ownership. If you suspect squatting activity, contact local law enforcement and ask for their help in ousting the squatters. Note that you may need to call the local sheriff, as police usually can't remove squatters. If the squatters refuse to leave, consult an attorney specializing in property law to understand your legal options for eviction proceedings.

Avoid Taking Matters into Your Own Hands:

Do not attempt to remove squatters by yourself, as this can be physically dangerous and may result in legal consequences. Instead, pursue legal avenues to reclaim possession of your property and prevent further trespassing or damage.

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