Squatter Laws: Do They Apply To Children?

Squatting is the act of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent, or have legal permission to use. While squatting laws vary by state, they generally apply to anyone who occupies a property through hostile means without the owner's permission. In the case of children, squatter laws may still apply depending on the specific circumstances and the state in which the squatting occurs. For example, if a child occupies a property without the owner's consent and meets the other requirements for adverse possession, they may be considered a squatter under the law. However, it is important to note that each state has different requirements and definitions for squatters' rights and adverse possession.

Squatter's rights and adverse possession

Squatters' rights, also known as adverse possession, refer to the rights a squatter may gain if they occupy a property for a certain period without the owner taking legal action against them. Squatting is a form of trespassing but involves the intention of claiming ownership or permanent residency.

In the US, there is no federal law governing squatter's rights, but there are legal precedents for them in each state, and laws governing some of the requirements to claim adverse possession. The requirements for claiming these rights vary from state to state, making it essential to understand the specific laws in your area.

In Kentucky, for example, squatters' rights or adverse possession typically require a continuous period of 15 years, though this can be reduced to seven years if the squatter has "color of title", meaning they have ownership of the property in a non-traditional way, without having the legal title or deed. While paying property taxes and maintenance bills can strengthen an adverse possession claim in Kentucky, they are not the sole determinants.

To make a successful claim for adverse possession, a squatter must generally meet certain requirements, including:

• Actual Possession: The squatter must physically occupy and treat the property as their own, often evidenced by property improvements and regular maintenance.
• Open and Notorious Occupation: The squatter's presence should be visible and obvious to anyone without any attempt at concealment.
• Exclusive Possession: The property should be occupied solely by the squatter, without sharing access with others, including the legal owner or tenants.
• Hostile Claim: 'Hostile' refers to occupying the property without the legal owner's permission, which can range from unknowing trespass (believing the property is theirs) to deliberate trespass or occupancy under an invalid deed.
• Continuous Possession: The squatter must occupy the property without interruption for a specified number of years (varying by state) to claim adverse possession.

It's important to note that squatting is distinct from trespassing, which does not usually involve the intent to live on or claim property ownership. While both actions are illegal, squatting is often considered a more serious offense due to its intention to take up permanent residence without the owner's consent.

To remove squatters, property owners must follow a legal eviction process, typically beginning with a call to local law enforcement and filing the appropriate legal documents. Each state has specific laws and procedures for evicting squatters, and it is essential to comply with these laws to ensure a successful eviction.

Squatting as a form of protest

Squatting is the act of occupying an abandoned or unoccupied piece of land or a building, usually residential, that the squatter does not own, rent, or have legal permission to use. It is often residential in nature, with squatters seeking housing in empty buildings or on unoccupied land. However, squatting can also be a form of protest, with squats being used as social centres for left-wing movements, such as anarchist, autonomist, or socialist causes.

In industrialized countries, left-wing squatting movements are common, and they can serve as a means to conserve buildings or as a form of protest. Squats may be used by local communities as free shops, cafes, venues, pirate radio stations, or multi-purpose self-managed social centres. For example, in the United States, there is a history of squatting being associated with left-wing movements, including anarchist, autonomist, and socialist groups.

While squatting may be seen as a threat by governments and property owners, it has played a significant role in shaping cultural, political, and technological ideas throughout history.

The legal process of eviction

While the legal process of eviction can be lengthy and expensive, it is sometimes necessary for landlords to pursue this course of action. Here is a step-by-step guide on the legal process of eviction:

Step 1: Provide a Written Notice

Before initiating the eviction process, landlords must provide their tenants with a written notice, informing them of any issues and specifying a deadline by which they must either fix the problem or move out. This notice, known as a "Pay or Quit Notice," serves as a formal warning to tenants that they are in violation of their lease agreement. It is recommended that landlords send this notice by certified mail to ensure a legal record of the date it was provided. Posting the notice on the door of the property is also common but should be done in addition to sending it by mail.

Step 2: Start an Eviction Case in Court

If the tenant fails to address the issue or move out by the specified deadline, the landlord can proceed to file an eviction case in court. This is typically done by filing an "unlawful detainer" or "forcible detainer" action, claiming that the tenant is unlawfully occupying the property. The landlord must have a copy of the court papers served to the tenant, usually through the local sheriff's office.

Step 3: Tenant's Response

At this stage, the tenant has the right to respond to the eviction notice. They can choose to file a response in court, presenting their side of the story. If the tenant fails to respond by the deadline, the landlord can request the judge to decide the case without the tenant's input.

Step 4: Court Hearing and Judgment

If the tenant files a response, either party can request a trial, where a judge or jury will hear both sides and make a decision. During the hearing, it is essential to present relevant documentation, such as the signed lease, payment records, and any communication between the landlord and tenant. After reviewing the evidence, the judge will issue a judgment, determining whether the eviction is valid.

Step 5: Enforcement of Judgment

If the landlord wins the eviction case, they can request the judge to issue an order for the local law enforcement to evict the tenant. The sheriff will post a "Notice to Vacate," giving the tenant a specific timeframe to move out. It is important to note that landlords must comply with state laws and cannot take matters into their own hands by locking the tenant out or throwing out their belongings.

Step 6: Removal of Tenant's Belongings

Once the tenant has vacated the property, the removal of their belongings must be handled carefully. Landlords should be aware of their state's requirements for removing a tenant's personal belongings. Some states mandate the removal of items through the court process, while others grant landlords more flexibility after the property has been vacated.

It is worth noting that eviction should be considered a last resort, as it can be costly and detrimental to both landlords and tenants. Open communication and finding a mutual agreement before going to court are always preferable. Additionally, proper tenant screening and lawyer-approved lease agreements can help prevent evictions altogether.

The history of squatting

In the 16th and 17th centuries, peasants in Wales, facing population expansion and taxation policies, began to squat on common land, building their own properties based on a fictional piece of folklore. This gave rise to the development of small holdings around a "one-night house".

Squatting also has a long history in England and Wales, with waves of squatting occurring throughout British history. The Peasants' Revolt of 1381 and the Diggers in the 17th century are notable examples. Squatting became a necessity after the Second World War, when many were left homeless. Another wave began in the late 1960s amidst a housing crisis.

In the United States, squatting occurred in large numbers during the California Gold Rush and World War II. Hoovervilles, homeless camps built across the country during the Great Depression, were also a form of squatting.

In developing countries, shanty towns often begin as squatted settlements. For example, in African cities like Lagos, much of the population lives in slums. Squatting also occurs in industrialized countries, with residential squats and left-wing squatting movements emerging.

The United Nations estimated that in 2003, there were about one billion people living in squatter settlements and slums globally.

The global prevalence of squatting

Squatting is a global phenomenon that occurs when people occupy abandoned or unoccupied land or buildings, usually for residential purposes. According to the United Nations Human Settlements Programme (UN-Habitat), there were about one billion people living in squatter settlements and slums globally as of 2003.

Squatting in Developing and Least Developed Countries

In developing and least developed countries, shanty towns and slums often originate from squatting. This is prevalent in African cities like Lagos, Nigeria, where about 70% of the population lived in slums in 1995. Other examples include pavement dwellers in India and Hong Kong, rooftop slums in Hong Kong, and informal settlements in Latin America with names like "villa miseria" in Argentina and "asentamientos irregulares" in Guatemala and Uruguay.

Squatting in Industrialized Countries

Industrialized nations also experience squatting, often in the form of residential squats or left-wing squatting movements with anarchist, autonomist, or socialist ideologies. For instance, England and Wales had an estimated 50,000 squatters in the late 1970s, and Spain and the United States witnessed a rise in squatting during the 2010s following the 2007-2008 financial crisis.

Squatting as a Global Issue

Squatting is predominantly residential, arising when homeless and impoverished populations occupy derelict properties or land. While squatting may start with minimal infrastructure, over time, these settlements can develop and become upgraded. Squatting is linked to socioeconomic factors and is influenced by the availability of low-cost housing, unemployment, and access to loans.

Legal Aspects of Squatting

The public attitude toward squatting varies depending on legal contexts, socioeconomic conditions, and the type of occupied housing. Squatting of municipal buildings may be treated more leniently, while squatting on private property often elicits negative reactions from the public and authorities.

In some countries, squatters can gain ownership of property through adverse possession or squatter's rights if they occupy a property for a certain period without the owner taking legal action. The timeframe for establishing these rights differs by jurisdiction.

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