Definition of Squatter’s Rights
Squatter’s rights refer to the legal allowance for individuals to inhabit and use a property owned by someone else without the owner’s explicit permission, provided there is no attempt by the property owner to evict them. Over a designated period, typically set by state law, these rights can lead to the squatters acquiring legal ownership of the property through a process known as adverse possession. This legal concept does not apply to publicly owned properties and varies by jurisdiction.
Examples
Example 1: Urban Vacant Building
Several homeless families take up residence in an abandoned building in an urban area. Because the true owner of the building does not take legal steps to evict the families, the residents may eventually acquire legal ownership through adverse possession after meeting the required timeframe and criteria specified by state laws.
Example 2: Rural Land
A farmer begins cultivating land believed to be unowned next to his property. He uses and maintains the land openly for many years, facing no opposition or eviction attempts from the actual landowner. After satisfying the statutory period for adverse possession in his state, he could file a claim to gain legal title to the land.
Frequently Asked Questions (FAQs)
What is required to claim squatter’s rights?
Typically, to claim squatter’s rights, an individual must occupy property continuously for a specific period, known as the statutory period, vary by state. The occupation must be open, notorious, exclusive, hostile, and continuous.
Can squatter’s rights be claimed on public property?
No, squatter’s rights and the resulting adverse possession claims cannot be made on public property.
How long does the squatter need to occupy the property to claim squatter’s rights?
The required period for occupying property before claiming squatter’s rights varies by state but is usually between 5 and 20 years.
What is adverse possession?
Adverse possession is a legal doctrine that allows a squatter to claim legal ownership of a property after meeting specific conditions and residing on the property for a statutory period without being evicted.
Can a property owner evict squatters during the squatter period?
Yes, property owners have the right to evict squatters from their property at any time legally.
Related Terms with Definitions
Adverse Possession
A legal doctrine that allows a person to claim legal ownership of a property if they have occupied it for a certain period under certain conditions, including continuous and hostile use without the owner’s permission.
Eviction
The legal process through which a property owner can remove a tenant or squatter from their property. This usually involves obtaining a court order.
Title
A legal document establishing the right of ownership to a property.
Statutory Period
The duration set by law that a squatter must occupy a property to make a claim under adverse possession.
Quiet Title Action
A lawsuit filed to establish ownership of property to “quiet” or resolve any disputes over the title.
Online Resources
- NOLO: Adverse Possession: Link
- Legal Information Institute: Adverse Possession: Link
- FindLaw: Adverse Possession Law and Legal Definition: Link
References
- NOLO. (n.d.). Adverse Possession. Retrieved from NOLO
- Legal Information Institute. (n.d.). Adverse Possession. Retrieved from LII
- FindLaw. (2021). Adverse Possession Law and Legal Definition. Retrieved from FindLaw
Suggested Books for Further Studies
- Property Law: Rules, Policies, and Practices by Joseph William Singer
- The Law of Property by Herbert Hovenkamp and Sheldon Kurtz
- Adverse Possession: Principles and Practice by Land Law Works
