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
This happens in Hawaii. Not sure about CA.
A guy recently paid someone to “squat” on the squatters.
They looked to see when the squatters left the building. Moved in, changed the locks, and told the squatters they were living there.
What are the squatters going to do? Call the police and say they squatted there first?
Only if it is Teen squatter
Depends on how persuasive your eviction methods are......
I am befuddled over the “title insurance” ads I continually hear just as I am about the idea (true in my state by the way) that a “squatter” can effectively steal your real property or trespass in your home.
Do we not investigate and prosecute theft in this country any more?
The idea that a person could effectively “steal” the title of your home and not be prosecuted for fraud is absurd.
Squatters do call the police on lawful owners.
‘No Trespassing’ doesn’t always work.
Use this:
“Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.”
Messieurs Smith and Weston should have a definitive say in the matter. A backhoe finalizes the deal.
Or just hire some people to break squatters' legs
That's why the mafia, and worse, are coming (back) to the USA
Squatters should be directed to all the Chinese owned real estate and take it back
Yes, next question.
Just another reason to live in a CCW state
Why aren’t those criminals charged with trespassing, breaking and entering, vandalism and theft????????
absentee slumlords need to clean up
their act
Can the owner not physically remove the squatter?
Wesson
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.
—
That will get shortened to 5 days. All requirement dropped.
ANYTHING is POSSIBLE in California which is an ASYLUM unto ITSELF!
That’s why we have “Friends in Low Places.”
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