Squatters Rights

While it is natural to want to take drastic actions to safeguard your property, the situation is rarely that simple, especially in the case of squatters. We often think of squatters as people who have moved into a place they don’t own or rent and are living there without authorization, so it’s natural to assume you could just kick them out. However, if you’re familiar with legal concepts pertaining to land ownership, you’ve probably heard the term squatters rights. 

What Exactly Are Squatter Rights?

Squatter’s rights, also known as adverse possession laws, arise when a person occupies a place for an extended period of time without the property owner trying eviction or otherwise interfering with access. The squatter has the right to sue the original owner for legal title to the land if they continue to occupy the abandoned property.

This law does not apply to a rental property where a renter refuses to pay the agreed-upon rent to the landlord. Because the owner had granted the tenant permission to occupy the property, the tenant had no legal right to take possession of the land. This is known as an unlawful detainer. In this situation, the owner would contact an attorney and follow the legal eviction procedure in effect in their location.

What exactly is a squatter?

A squatter is someone who “remains on the land of another without title, right, or payment of rent” or anybody who occupies “a place that legally belongs to someone else,” according to US law.

Squatters were once supposed to be homeless people who set up improvised shelters, but the term has recently evolved to refer to people who move into residences that have been abandoned or foreclosed on. Tenants who remain in houses after defaulting on rent or otherwise breaching contracts are not covered by the term; such undesirable inhabitants can be legally evicted.

Trespassers vs. Squatters

Squatters are people who enter a property illegally with the intent of residing there for an extended period of time, sometimes with the objective of eventually gaining the land through adverse possession.

There is, however, a distinction between squatters and trespassers. While a trespasser still occupies the land or property illegally, but for reasons other than settling down. Trespassing usually leads to incarceration and criminal lawsuits being filed against the individuals involved. 

What are the Rights of Squatters?

As noted at the beginning of this article, Squatters have legal rights. And one of these rights permits squatters to dwell on someone else’s property provided the property owner does not take legal action to seek an eviction. Furthermore, if certain qualifications are met, a part of this statute allows squatters to claim full ownership of the property by adverse occupation.

Please keep in mind that the rules governing adverse possessions and their requirements vary across the fifty states in the United States. Some of the common requirements that a squatter may have to accomplish in order to claim adverse possession of a property are as follows:

• The claim must be hostile in nature.
• The squatters must physically reside on the premises.
• Anyone should be able to see the squatters’ occupation.
• The trespassers must have sole possession of the property.
• The squatters must live on the property for a period of seven years.
• The squatters require a Color of Title (in the legal sense).
• The squatters had to have paid property taxes for at least seven years they had been occupying the property.

Knowing you have a squatter residing in your property can be difficult since it might take time and a series of court battles to get rid of them. As a result, it is critical that they grasp all of their legal rights.

How Do You Get Rid of a Squatter?

Forcing a squatter out without following correct eviction regulations can result in legal ramifications. It is recommended to consult an attorney about this process rather than attempting to evict one on your own. While the regulations for evicting a squatter vary by state, most jurisdictions follow the general rules for evicting squatters. Let’s go over some of the fundamental steps you’ll need to follow.

Determine if you have a squatter or trespasser on your property.

The first step is to ascertain whether the person is a squatter or a trespasser because eviction regulations differ.

Trespassers are those who enter property illegally for a short period of time, usually with the intent of stealing or vandalizing, and may face criminal or civil penalties. If you report that your property has been broken into, your local police will usually be able to remove a trespasser.

On the other hand, squatters are those who illegally occupy a property with the intention of residing there for an extended period, sometimes intending to eventually gain the land through adverse possession.

This can happen in vacation houses that remain unused for the majority of the year or in rental property purchased by an investor from a seller who has left the property to stay vacant and unattended for an extended length of time.

Begin the process of evicting squatters.

The method for evicting a squatter in most states and squatter eviction scenarios is identical to the regular residential eviction process. In general, you’ll need to adhere to the following steps:

• Examine your state’s eviction laws or employ a real estate attorney specializing in squatter evictions to help you with your case. Most home eviction lawyers can assist you with the procedure.
• Check to see if you have legal grounds to evict, such as a squatter on your land versus someone trespassing.
• Consult with your eviction attorney to determine whether it makes more sense to reason with the squatter and try to persuade them to leave, maybe by offering a monetary incentive rather than spending legal fees and court costs to evict the squatter.
• A third party, such as a process server, should be used to serve the squatter with proper notice of eviction.
• If the squatter refuses to depart by the date specified in the eviction notice, file the eviction with the local court. After paying a filing fee and giving verification to the court clerk that the eviction notice was properly served, the clerk will set an eviction hearing date.
• The court will also serve a summons on the squatter, so neither you nor your attorney will need to encounter the squatter.
• Gather documentation to be used as evidence for evicting the squatter, such as when you first discovered the squatter, the estimated amount of time the squatter has inhabited your property, and proof that the squatter was served with an eviction notice, in advance of the hearing.
• If the judge rules in your favor, you will have won an illegal detainer lawsuit and will be able to evict the squatter. To physically remove the squatter from your property, carry the court order to the local sheriff or constable and pay a fee to enforce your unlawful detainer.
• Remove any items that the squatter has left behind. In some states, the property owner is required to provide the squatter with formal notice stating the date by which they must recover their belongings.
• You will reclaim possession of your property from the squatter once the squatter and their property have been removed.

Depending on the squatter and their motivation, some squatters may decide to leave freely after receiving the original eviction notice. Others will only depart if the court rules against them in the unlawful detainer litigation. Always check with your lawyer before taking the next step.

Be Aware of and Comprehend Your State’s Adverse Possession Laws.

When a squatter occupies your property publicly, hostilely (meaning without your consent), and continuously for an extended period of time, this is referred to as squatters rights or adverse occupancy. When a squatter has adverse possession, they can claim legal title of your property.

What States Have Squatters’ Rights?

All 50 states have squatters' rights, often known as “adverse possession” legislation. Squatters in some states are required to pay property taxes on the property for the time they occupy it before they may file an adverse possession claim on it. In some states, squatters must inhabit the property for a certain number of years before filing an adverse possession claim.

According to the legal information website Nolo.com, squatters must have a certain number of years of occupancy before they may launch an adverse possession claim.

More importantly, in some states, the length of time a squatter is expected to continually occupy a property is lowered if the squatter pays the property tax or has a document linked to the property in his or her possession.

Suggestions for Preventing Squatters on Your Property

You cannot be everywhere all of the time as a property owner. As a result, if your vacant property is not adequately watched, it may be inhabited by a squatter. So, while no one can forecast every vulnerability, consider adopting the precautions outlined below to keep squatters out of your rental property.

• Install a security system that allows for remote monitoring.
• Display signs that say “No Trespassing” or “Private Property.”
• Inspect the property on a regular basis for signs of squatters.
• Allow a neighbor or a local property management company to inspect the premises on a regular basis.

Questions and Answers (FAQs)

Is it possible for a squatter to change the locks?

While a squatter may be able to change the property’s locks, it is illegal for a landlord or property owner to replace the locks or lock a squatter out. If you discover a squatter on your property, you should immediately call an attorney for assistance on what to do.

Is it possible to physically evict a squatter?

Threatening or coercing a squatter to leave your land is against the law. You should also avoid turning off the property’s utilities or locking them out. It is critical that you seek the advice of a lawyer to prevent legal ramifications.