Definition
A squatter is an individual who lives on or uses property without the permission of the property owner. Squatting entails the unauthorized occupation of an uninhabited area or an abandoned building. Squatters can sometimes gain legal rights to a property through a complex legal doctrine known as “adverse possession” if they meet certain conditions over a period of time.
Examples
- Urban Squatting:
- Individuals occupy a vacant home or apartment without the landlord’s permission.
- Rural Squatting:
- People live on unused rural land and may build structures or develop the land for agricultural purposes without the property owner’s knowledge or consent.
- Adverse Possession Claim:
- Someone who has lived openly and continuously on property for a specific period, such as 10-20 years, might file a legal claim for ownership under adverse possession laws in some jurisdictions.
Frequently Asked Questions
What rights do squatters have?
Squatters’ rights vary by jurisdiction, but they can sometimes make a legal claim for ownership through adverse possession if certain conditions are met, such as continuous and open occupancy for a specified number of years.
Can a squatter be evicted?
Yes, property owners can evict squatters by following legal procedures, which often include serving eviction notices and, if necessary, obtaining a court order.
What is adverse possession?
Adverse possession is a legal doctrine that allows a squatter to claim ownership of property if they have occupied it continuously, openly, and notoriously for a certain number of years, without the owner’s permission.
How can property owners prevent squatting?
Property owners can conduct regular inspections, secure properties, post “No Trespassing” signs, and take immediate legal action upon discovering unauthorized occupancy.
Are all squatters considered criminals?
Not necessarily. While squatting without permission is illegal, the criminality can depend on local laws and circumstances. In some places, if a squatter meets the criteria for adverse possession, they may not face criminal charges.
Related Terms
- Trespasser: An individual who enters land or property without the owner’s permission but does not necessarily intend to stay.
- Adverse Possession: A legal principle that allows a squatter to claim ownership of property under certain conditions over time.
- Easement: A right for someone to use part of a property they do not own, typically for a specific purpose such as a right of way.
- Encroachment: When an individual unlawfully extends a structure or object onto another person’s property.
Online Resources
- U.S. Department of Housing and Urban Development (HUD) - Provides resources on housing policies.
- FindLaw - Offers legal information on property rights, squatting, and adverse possession.
- Legal Information Institute (LII) - Adverse Possession - Detailed overview of adverse possession and related legal doctrines.
References
- “Real Estate Law,” Robert J. Aalberts
- “The Law of Adverse Possession,” Richard W. Hemmingway
- “Squatters and the State: The Case of South Africa” by Alan Gilbert
Suggested Books for Further Studies
- “Property: Cases and Materials” by Jesse Dukeminier and James E. Krier
- “The Law of Adverse Possession” by Brook T. Schellinger
- “Nolo’s Essential Guide to Buying Your First Home” by Ilona Bray, Alayna Schroeder, and Marcia Stewart
