Property owners indeed bear numerous responsibilities, and concerns related to squatters can be a significant and sometimes complex issue. Losing your property to squatters can pose serious challenges and legal complexities.
These are individuals who make themselves at home on your property without your permission, and sometimes without your knowledge. Unfortunately, squatters’ rights or adverse possession can make this a nightmare for the homeowner.
In this guide we will cover the following:
What is a Squatter?
What Defines a Squatter?
Common Signs of Squatters
Is Squatting Legal?
What are Squatters’ Rights?
Which States Have Squatter Rights?
What is Adverse Possession?
Adverse Possession: Basic Elements
States with Adverse Possession Laws
Example of Adverse Possession
Ways to Prevent Squatters and Adverse Possession
Can Police Remove Squatters?
How to Evict Squatters
What is a Squatter?
Squatters are individuals who unlawfully inhabit a residence, building, or property without the owner's permission and without paying rent. In many cases, property owners may not be aware of the presence of squatters on their premises, making it a clandestine occupation. Squatting typically involves individuals taking up residence without legal authorization or a formal lease agreement.
What Defines a Squatter?
The American Apartment Owners Association (AAOA) provides a comprehensive definition of squatters as "individuals who choose to reside on a piece of land or within a building to which they have no legal right to occupy." Property owners and landlords may encounter different categories or types of squatters, each with its unique characteristics and legal considerations.
Trespassers
Tenants at Will or Tenants at Sufferance
Land Claimers
Individuals who unlawfully enter a property, often through trespassing or breaking and entering, and subsequently establish residency without the owner's permission can indeed be classified as squatters. This type of squatting involves the unauthorized occupation of a property, and property owners may need to take legal action to remove these individuals and regain control of their property.
Tenants at Will or Sufferance are not traditional squatters. The property owner knows these individuals are in the apartment, home, or other dwellings.
Land claimers, often referred to as adverse possessors, are individuals who occupy a property with the intention of acquiring legal ownership through a legal principle known as adverse possession.
Common Indicators of Squatters
An individual moved into a vacant home with few belongings and there were no moving trucks
Water bottles, jugs of water and anything else that would indicate someone doesn’t have access to running water
Anything that would indicate the person doesn’t have access to power. Candlelight in the home, small fires, etc.
Forced signs of entry: broken windows, pried open garage doors, and other broken/boarded up entry points to the home.
Is Squatting Legal?
Squatting is generally not legal, and in many cases, squatters can be categorized as trespassers. Trespassing involves individuals residing on a property without the owner's consent, knowledge, or legal permission. It is essential to understand that both squatting and trespassing are illegal activities and may result in legal consequences for the individuals involved. Property owners have legal rights to their properties and should take appropriate measures, including legal action, to address and resolve squatting or trespassing issues.
Indeed, there can be situations where squatters are on the property with the owner's knowledge, and in some cases, they may be considered "Tenants at Will." It's essential to recognize that the legal status of squatters can vary based on the specific circumstances and applicable laws in the jurisdiction.
Understanding Squatter's Rights
Squatter's Rights, also known as Adverse Possession, is a legal doctrine that allows a person who is in possession of land owned by someone else to potentially acquire valid title to that land. This concept is based on common law principles and involves specific requirements that must be met, including the adverse possessor being in possession of the land for a defined period, as determined by the statute of limitations in the jurisdiction. It's important to note that the requirements for adverse possession can vary by jurisdiction, and not all regions recognize this legal doctrine.
In the United States, the concept of squatter's rights or preemption played a significant role in the westward expansion of the country. These principles indeed influenced and contributed to the development of the 1862 Homestead Act.
Which U.S. States Recognize Adverse Possession Laws?
In the United States, 49 states have laws related to adverse possession, which determine the conditions under which squatters may acquire legal possession of a property. The specifics of these laws can vary by state, but they generally depend on factors such as the duration of occupation and adherence to certain requirements. It's important to note that adverse possession laws can be complex and nuanced, and interpretations may differ even within the same state.
For example, squatters’ rights in Texas might look different than in the surrounding states. NOLO states, “As a general rule in Texas, one’s ownership of land must be in writing to be enforceable.”
Squatter's rights, specifically related to adverse possession, can indeed vary significantly from state to state in the United States. In Texas, adverse possession laws have distinct characteristics and requirements compared to other states.
The details of each situation are out of the scope of this discussion, but it goes to show the importance of understanding local laws.
If you do not know your rights and how to protect them, you put your property at risk of being claimed by a neighbor or a complete stranger.
What is Adverse Possession?
Adverse Possession: Basic Elements
According to the Legal Dictionary, adverse possession laws may vary from state to state, but they typically share the same fundamental elements and criteria. To establish adverse possession, the following basic elements are generally required:
An actual possession, meaning the individual(s) must have taken physical possession living on the land or in the home and acting as a property owner
Open and notorious: the individual(s) possession is obvious to any observer
Exclusive occupation by the individual(s)
Hostile: the individual(s) are using the property without the owner’s consent and/or knowledge
Undercover of claim, which happens when the squatter claims the property based on a legal error that leads to the assumption that the individual is the actual owner
Continuous and uninterrupted: all legally defined acts have to happen within a specific time
States with Adverse Possession Laws
Adverse possession laws exist in most U.S. states, including the District of Columbia. However, the specifics of these laws can vary significantly from one jurisdiction to another.
In Texas, the statute for adverse possession is: Tex. Civ. Prac. & Rem. Code Ann. § 16.021. To claim adverse possession in Texas you need 10 years of continuous possession and a document or deed and paid taxes on the property for at least five years
Example of Adverse Possession
Last year in Beaumont, Texas a man moved himself and his wife into an unoccupied home. The original owner was deceased and the property had passed on to another individual who was not living in the house and had left it neglected.
According to this news story, the squatter made improvements and did pay a small portion of the owed taxes on the property. He attempted to claim adverse possession, but due to various circumstances, he chose to move himself and wife out of the home. The house ended up at auction.
Strategies to Prevent Squatters and Adverse Possession
Property owners can do a few things to help prevent squatters and adverse possession.
Keep up-to-date with property tax records, paying taxes on time
If the taxes haven’t been paid, make sure another individual hasn’t paid taxes on the property
Keep rental agreements and leases up-to-date and signed by all parties
Provide written permission for anyone using your land, even if it’s just for a shortcut across the property
If you don’t live on the property, ask trusted neighbors to keep an eye out for trespassers and to notify you if they see any
Where appropriate, gate entrances and lock to deter trespassers
Post “no trespassing” signs
If squatting does happen on your property, begin documenting the situation immediately. Call the police and make a statement regarding the trespasser.
How to Evict Squatters
The eviction process typically starts with the “notice to quit” which is an eviction notice. It’s recommended to work with an attorney who handles evictions and understands the legalities of evicting squatters in your state.
I apologize for the limitation, but as a text-based AI model, I cannot view or interpret images or infographics. However, I can certainly provide you with a step-by-step guide on how to evict a squatter if you provide the relevant information or specific questions you have in mind. Feel free to ask, and I'll do my best to assist you with the process and legal considerations for removing squatters from a property.
As a property owner, dealing with squatters is a potential challenge, and it's crucial to be well-informed about the squatters' rights and adverse possession laws in the state where your property is located.
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