What Are Squatter’s Rights? Why Do They Exist?
Introduction
Squatters have become a sensationalized topic in the news lately. Stories of people living in the walls of apartment buildings or staking claim to someone else’s home have caused a level of panic for landlords everywhere. You may be wondering what the legal considerations are when dealing with a squatter. Why do squatters have rights? What are they?
Below is some important information regarding squatters and how squatters rights came to be. Keep reading to learn more, and reach out to a real estate attorney if you have any questions.
What is a Squatter?
As a landlord, a large part of your job is vetting potential tenants to live in your properties. You have to verify their source of income, ensure they have clean background checks, and have a record of being a good tenant.
A squatter is someone who takes residence in a vacant property without permission from the person who owns that property. Squatters do not pay rent and do not have the consent of the landlord or property manager to live there.
Occupation as a squatter is against the law, but in some cases, squatters are protected from landlord actions to remove them.
Can you turn off utilities on a squatter?
It may be tempting to try and get this squatter out as quickly as possible by turning the utilities off on them. However, in almost all states, it’s illegal to do so. Utilities fall into the category of “self-help” evictions, and those are illegal. You must go through the legal eviction process to get rid of a squatter properly.
What Are Squatters’ Rights?
Squatters’ rights, known legally as adverse possession, are the general principles under which squatters can sometimes make a legal claim to the property they’re currently residing in.
There are five principles included in squatters’ rights, which are listed below:
- Hostile/Adverse: The squatter does not have a valid lease with the landlord of the property
- Actual: The squatter is actively residing in the property
- Open and notorious: The squatter is not trying to hide the fact that they are occupying the property, and their residence is open and obvious
- Exclusive: The squatter prevents other people from living in the property
- Continuous: the squatter has held continuous and uninterrupted possession of the property for a certain number of years. The exact number of years is determined by which state you live in and what that state’s laws are. Usually, squatters must live on the property anywhere from ten to thirty years.
Each state has varying requirements for squatters to obtain ownership of the property, so be sure to double check with your state laws before taking action. For example, some states, like Florida, require squatters to also pay property tax during their occupation.
The Reason Squatters’ Rights Exist
The property belongs to the landlord, so why do squatters even have the opportunity to claim it?
The United States Homestead Act of 1862 included a provision that if an occupant resides on a piece of unused land long enough without any legal action taken against them, they must be allowed to stay on that land. This came about to encourage landowners to utilize the land they have instead of letting it go to waste.
Today, laws have preserved this same idea although it has become somewhat antiquated. Squatter’s rights encourage landlords to continuously inspect their properties and not allow them to remain vacant and in disarray for long periods of time. Also, it prevents confusing situations in which descendants discover a long-lost deed and come to claim land that is occupied by someone who bought that land and thought they owned it.
Conclusion
Don’t let the idea of a squatter scare you. If you regularly inspect your units and keep vacancies down as much as you can, you aren’t likely to have many issues with squatters. And, if you do, all is not lost. You can and should pursue legal action and hire a trusted attorney to help you navigate your state’s laws concerning squatters.
