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Squatter: Definition, Example, and Legal Rights

Definition

A squatter is someone who occupies property without legal permission, and may gain ownership through adverse possession if ce๊rtain conditions are met.

What Is a Squatter?

A squatter is a person who settles in or occupies a property without legal permission or claim to the property.  Squatters live on land or in buildings where they have no title, lease, or right.

In some cases, a squatter may gain legal rights to the property through 澳洲幸运5官方开奖结果体彩网:adverse possession, a legal doctrine that a♔llows individuals to claim ownership of land under certain conditions.

In essence, if a property owner neglects or does not r𒀰egularly check their land or property for years, the squatter may eventually claim the land as their own after meeting specific legal requirements.

Key Takeaways

  • A squatter lives on a property to which they have no title, right, or lease.
  • Property owners who neglect their property could lose their title to squatters through adverse possession.
  • Trespassing and squatting are different, although trespassers can eventually become squatters.
  • State laws governing squatters and adverse possession vary, and local laws can sometimes supersede state regulations.
  • In New York, a squatter who continuously occupies a property for 30 days gains the legal right to remain on the property as a tenant of the owner even though they never signed a lease agreement.
Man laying on floor in empty room.

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Squatting and the Law

Every U.S. state possesses its own laws regarding squatter's rights and adverse possession. For example, certain states require continuous possession of seven years to acquire privately-owned property, in addition to other requirements. State laws regarding squatters and adverse possession can be superseded by local laws in some cases.

For example, the state of New York grants adverse possession rights to squatters if they occupy a property for 30 days, they gain the legal right to remain on the property as a tenant of the owner even though they never signed a lease agreement. The tre🍌spasser might break into an unoccupied property and begin openly living there. This may happen with investment properties that do not currently have tenant🌸s.

If the trespasser is caught soon enough, they can be removed by the police and arrested. Squatters who go undetected by the owner and remain on the property for 30 days will require a legal eviction to remove them from the premises.

The length of time it takes for eviction proceedings to be completed may prompt property owne𝓀rs to offer to pay off squatters to remove themselves from the property.

Important

E🧸v🌄iction proceedings can sometimes take up to one year.

Example of a Squatter

Suppose a woman named Felicia bought a two-bedroom investment property in 2010 in Brooklyn, New York. In 2015, she stopped renting the apartment and it sat empty for several months. Facing foreclosure, Felicia decided to put the apartment on the market. Unfortunately, she discovered that a taxi driver had been✱ living in the apartment for months.

Felicia called the police and reported the stranger for trespassing. After the police removed the man, she had the locks changed. However, since the man had been living there for over 30 days, he had established squatter's rights. Kicking him out of the apartment constituted an illegal eviction. When the squatter went to housing courtꦰ in New York City, the judge granted him permission to enter the p🅠roperty just a few days later.

Is Squatting the Same as Trespassing?

It is not the same. Trespassing involves illegally entering someone’s property, while squatting occurs when a person occupies the property 🌟for an extended period. Squatters can sometimes gaining legal rights under adverse possession laws if certain conditions are met.


Can a Property Owner Be Forced to Pay Aquatters to Leave?

In some cases, the cost and time associated with eviction proceedings may encourage property owners to offer squatters money to leave voluntarily, which is often referred to as a "cash for keys" agreement.

Can Squatters be Removed Immediately?

Squatters cannot always be removed immediately. If a squatter has lived on the property for a period specified by state law (such as 30 days in New York), they may have established squatter’s rights and need to be removed through a formal eviction process which can take months. A cash for keys agreement is also an option.

The Bottom Line

Squatters occupy properties without permission, and under certain conditions, can gain legal rights to the property through adverse possession. State laws vary, and in places like New York, squatters can gain rights to remain on a property after just 30 days of continuous occupation.🧔 Property owners should be vigilant about mainta♐ining and inspecting their properties to avoid the complications and lengthy legal processes associated with squatters.

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