Squatting & Squatters Law
Squatting refers to the act of occupying a property to which you have no legal ownership. Known in legal terms as adverse possession, most states allow a person or business to legally acquire property after a specified amount of time passes. However, simply squatting on someone else’s property doesn't guarantee that you will acquire ownership to the property. Strict guidelines, the terms of which differ by state, exist to ensure the occupation meets the legal standards of adverse possession.
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Applicable Properties
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Squatters may acquire title through adverse possession against property owned privately or by a corporation, with the exception of those protected by state statute. However, property owned by the federal, state or city governments, as well as public property, such as school property, is exempt from adverse possession.
Requirements
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Claiming ownership of a property through adverse possession has several requirements. Over the course of the statutory period, you must have actual possession of the property and use it in the manner intended. For example, if the property is farmland, you must actively farm the land over the course of your possession. Your possession must be open and notorious, meaning it is obvious to the general public and the property owner that you have possession of the property. You must have exclusive possession of the property and your possession must be hostile, meaning you possess the property despite ownership by another party. Finally, your possession of the property must be continuous and uninterrupted for the entire length of the statutory period.
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Statutory Period
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The statutory period for claiming title to a property through adverse possession varies greatly from state to state. For example, in Minnesota, a squatter must possess a property for a minimum of 15 years and pay all assessments and taxes on the property for at least five years. In California, the squatter must have possession for a minimum of five years and pay all taxes and assessments throughout the entire possession, while Missouri requires a 10-year possession but doesn't require payment of real estate taxes. Contact your Attorney General for the adverse possession requirements in your state.
Defense
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The property owner has several legal defenses against a person squatting on his property. If he can prove that the squatter has his permission to occupy the property, the claim of adverse possession is void. He may also claim that the squatter failed to meet any of the requirements, such as exclusive use of the property or continuous occupation. In addition, some states allow the owner a longer length of time to challenge the squatter if the owner has a documented disability that may have prevented him from recognizing the adverse possession.
Legal Hearing
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The owner has the right, at any time before the end of the statutory period, to challenge the possession. Each case is evaluated by the court, with factors such as the type of property, its intended use and the present state of the property taken into consideration. Because the squatter must meet all of the legal requirements, he must meet the burden of proof by a preponderance of the evidence before a judge transfers title.
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References
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