Posted on 05/29/2023 9:32:37 AM PDT by nickcarraway
There have been a lot of stories in the news lately around squatters moving into vacant homes and refusing to leave. These stories show, time and again, that the police refuse to take action and instead say it’s a civil matter. So why aren’t these “trespassers” arrested? Is trespassing still against the law?
Per ipropertymanagement, a squatter in California, “is someone who takes up residence in an abandoned, unoccupied or foreclosed building or area of land...without lawful permission…Despite this, it’s common and legal to squat in the United States.”
Unlike trespassing, per the law, “While trespassing is a criminal offense, squatting is usually civil in nature. Still, squatting can be treated as criminal behavior if the property owner or landlord has established that the individual in question is unwelcome.” They can’t enter a home that’s inhabited, and property in use or held under state or local government is exempt from adverse possession actions.
Outside of inhabited homes and government properties, there are several loopholes that criminals are likely aware of.
For example, they may have fraudulent documents that state they have a lease. One would think the property owner could easily solve this by explaining to the police that it’s false. No. In California “a squatter can’t be removed if they provide documentation that is at all convincing.”
https://img.particlenews.com/image.php?url=04xtNU_0maAfSmg00 legal documents Photo by Scott Graham on Unsplash Additionally, if they fulfill certain requirements for adverse possession they can conceivably end up owning the property.
In California, if a squatter resides in a property for five years without being forced to leave, they can “claim rights to the property and take lawful possession.” There are five requirements to claim adverse possession in addition to residing in the home for five years:
· Hostile: summarized as simple occupation whether or not the trespasser knows the land belongs to someone else
· Actual possession: “person must be physically present as if they were the owner”
· Open and Notorious Possession: they are openly, and not secretly living on the premises
· Exclusive Possession: must live alone, not with others
· Continuous possession: must be able to prove they’ve occupied the property for five years without living anywhere else during that time
https://img.particlenews.com/image.php?url=3iLUqI_0maAfSmg00 homes in California Photo by Robert Bye on Unsplash In California, there’s one additional requirement that other states may not have. The squatter must pay “all state, county and municipal taxes in a timely manner for five consecutive years and show proof by certified records of the county tax collector. If they haven’t been paying taxes, they can be legally evicted and have no legal grounds to file an adverse possession claim.”
Though ultimately the owner can often remove a squatter, it can be a lengthy legal process. The best ways to avoid this are to prevent someone from entering or moving in by inspecting the property routinely, paying the property taxes yourself, making sure the property is locked and secure, and putting no trespassing signs up.
# squatters
That’s why we have “Friends in Low Places.”
“Is trespassing still against the law?”
In california nothing is against the law except for speaking differently than democrats and self defense against criminal attacks.
That’s why the mafia, and worse, are coming (back) to the USA
In California, the best thing to do would hire some drive by shooters to make nightly visits to make sure the squatters are still squatting. Keeps the police from getting suspicious. Replace the glass in the windows yourself.
My grandfather from Sicily came here in 1911. In 1925 he took the family to Sicily with his Sicilian wife and four kids.
He was interested in living there again and taking back the family farm. His brother told him in Italy if you leave your property for 10 years you give up ownership and he (the brother) was now the owner.
My nono 9grandfather) wanted to stay and file a law suit. But my noni wanted to raise the family in the US. guess who won that argument.
I think most societies have some abandonment laws, but what is happening in the uS is beyond fair or any reasonable person. Cal is notorious for limiting the rights of owners and landlords.
I agree that the Police aren’t going to help. I disagree that it is a “civil matter”.
It is a matter for the County Sheriff, is what it is. And there is a process for eviction. Property owners would do well to peruse State and local laws on just what that process is. The County Sheriff or website would be the place to ask. There are a few “gotchas” and the crooks probably know what they are.
I'm sure the Kalifornia democRATS could provide squatters with 5 or 10 years of voting records (for anyone who agrees to continue voting RAT).
Eviction in Kalifornia is ridiculous. If someone just decides to stop paying rent, it can take years to get them out. While at the beginning of the process, the authorities state it will take 3 months, the 'renter' can stall and cook up reasons to restart the process.
There was a homeowner in Redding, KA who rented his house. The new renter paid the deposit and first month rent. He never paid another dime. Frustrated with the slow eviction process, the owner drove up to his property. As the homeowner left his truck and walked towards the house, the creep who wouldn't pay anything began walking towards him, threatening him. The homeowner retreated to his truck. Inside the truck was an unloaded rifle (legal). When the police finally arrived they took the homeowner to jail.
“Outside of inhabited homes and government properties, there are several loopholes that criminals are likely aware of. “
Those “loopholes” do not take the Mossberg 500 into account.
Break into your own property and evict the bastards, and do it before the cops arrive.
Not true. The common law theory behind adverse possession is that he who is going to make property productive is the one who should own it, even in opposition to the holder of title. Like it or not, it’s an extremely ancient common law principle.
The article buries the lede. CA does not have a liberal adverse possession law. The requirement that the squatter have paid the property tax kills almost all claim dead. And frankly, if you’re the owner and do not pay the taxes for the statutory period, I would agree with the common law principle
.
Someone (Republicans?) need to put an end to this legal bs.
If someone did this to my property I would become a squatter too along with my hired friends the hells angels.
I think all others rates have this.
Some guy in CA recorded a video of him doing exactly this.
He owns the home his mother formerly lived in, but lives elsewhere, and intends to sell the house, but his Realtor told him people were living in it.
He showed up, scoped the scene, waited until everyone had left, then broke in, changed the locks, and was busy installing Ring hardware when one of the squatters returned. He showed them a copy of the Deed establishing that he legally owns the house and told them — more nicely than I think I could manage — that they had until 5pm to pack their s@#$t and GTFO before he took possession of anything left behind. They balked, but eventually got around to vacating, and he let them have until after 10pm since they were being compliant.
Local Sheriff commended the legitimacy of his tactic, noting the element of personal risk it could entail, but admitting it certainly saved MANY MONTHS dragging through a formal eviction process.
There’s a family outside of Woodbine, Iowa that squatted in the right of way back in the 1930’s/40’s. My FIL used to hire the dad for putting up hay. The “house” was basically any scraps that they could find. My FIL told a story where he went to the house to pay him during a rain and there was water running through the house as they built it on top of the dirt. The daughter still lives in the house & I would guess she’s around 80 now. Once she passes, the county will go and bulldoze it.
In California, if a squatter resides in a property for five years without being forced to leave, they can “claim rights to the property and take lawful possession.” There are five requirements to claim adverse possession in addition to residing in the home for five years:
· Hostile: summarized as simple occupation whether or not the trespasser knows the land belongs to someone else
· Actual possession: “person must be physically present as if they were the owner”
· Open and Notorious Possession: they are openly, and not secretly living on the premises
· Exclusive Possession: must live alone, not with others
· Continuous possession: must be able to prove they’ve occupied the property for five years without living anywhere else during that time
The article is wrong. In California you have to prove that you paid property taxes as well. Every first year law student in California knows this.
Squatters who die suddenly can’t squat.
The article actually mentions that.
“Squatters do call the police on lawful owners.”
And when they do, they are faced with the same legal challenges that that the owners are trying to oust squatters.
“And there is a process for eviction.”
Ha, ha, ha.
As someone who has had to evict squatters from a home, I can tell you the process is not as easy as you suppose. It took months to get them out via the legal process. And this was in a southern, dark red state. Blue states are a nightmare.
Did you read the story of a California couple that purchased a house, paid the owner money, and then the guy refused to move out? He lived in the home for years. Even called the police on them when they tried to mow the lawn and had them arrested.
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