Squatters

[loumatt]

After seeing an article on AOL about squatters in a small mansion and reading the blogs I was astonished on how many rights squatters have and how many honest people don't.

It seems some sleaze balls also write up bogus rental agreements on properties they don't even own, collecting a security deposit plus 1st and last months rent from poor unsuspecting people trying to honestly rent a house.

Just thought these couple of links may be of interest if any of you have property(s) that are left unattended for even a short amount of time.

Totally crazyness. I wrongly thought this was just a problem in abandon undisirable homes.
Also wrongly thought it just meant a call to the police to get them out.

After 1 minute of research, you can see this may be a real pain.

http://www.katu.com/news/local/100305264.html

http://topics.nytimes.com/topics/ref...ers/index.html

[flippinout]

This is just totally amazing. To think that people could do this in foreclosed homes just amazes me.

Years ago the laws were different and people could have squatters rights if they had lived there for a certain amount of years without anyone confronting them about it.

But to think that these days there isnt much that is done about it is a real shame. And we are talking mansions here in most cases.

These people should be arrested, not just set out on the street to find another home to occupy.

[loumatt]

It looks like that wasn't a isolated case of these homeless living big.
There's even a case where a attorney was a squatter on the 40th floor of the Empire State Building.Hows that for expensive real estate.

My thought is where are the laws such as breaking and entering or even trespassing.How doesn't this apply here??Why are police treating it as a civil matter instead of criminal.

Why should the legal homeowner have to go through all these time and money consuming processes to take back whats rightfully theirs.

I see this trend becoming bigger and bigger with all the forclosures out there and lack of sensible legal action to prevent this type of crime.

If nothing is done perhaps I'll join em, buy some new door locks, and post pictures of 'my' new ocean front villa in Kauai.

Where's the sanity.

[badmomma]

That is totally crazy but it doesn't surprise me at all. I mean it seems that the lawmakers and enforcers are worried about too many other things.

If someone were to move into a vacant home that I owned I would be extremely upset. If the law wouldn't do anything about it well I guess that I would have to find a lawyer who would handle the case of the unwanted tenant and the lawsuit that followed against the lawmakers or enforcers who did nothing about it.

Unbelievable.

[flip_it_fast]

Isn't it truely amazing how criminals seem to have all the rights and good decent people seem to have all of the difficulty and trouble. It doesn't seem to pay to be a good person these days!!! Thats not how it's supposed to be and no wonder the world is as it is today!

I cannot believe that people have the nerve too just move into a place they do not even own and they get away with it. Incredible!

[flippinout]

And, who pays the utilities? And how do they get them turned on if they happen to be off?

Its hard at times to have utilities turned on when you are supposed to live somewhere, let alone for people who just move in where they arent supposed to be.

And another question, if all of these banks have these empty houses, why arent they rented out? That would bring more income to the banks it would seem.

There are people out there that have no where to live and opening up these houses for rental might just help take care of that problem.

[flip_it_fast]

Actually the utilities wouldn't be much of a problem provided they have the money to get them turned on. Utility companies don't ask for proof of ownership. They just care about getting their money lol.

Why these places aren't rented out? I have no idea. That would be the smart thing to do but what do I know lol!

[badmomma]

After doing a little research of my own this is what I found out. Squatters just need to make their actions public. The world needs to know that they are living there.

Title to land is acquired by adverse possession as a result of the lapse of the Statute of Limitations for Ejectment, which bars the commencement of a lawsuit by the true owner to recover possession of the land. Adverse possession depends upon the intent of the occupant to claim and hold real property in opposition to all the world and the demonstration of this intention by visible and hostile possession of the land so that the owner is or should be aware that adverse claims are being made.
The legal theory underlying the vesting of title by adverse possession is that title to land must be certain. Since the owner has, by his or her own fault and neglect, failed to protect the land against the hostile actions of the adverse possessor, an adverse possessor who has treated the land as his or her own for a significant period of time is recognized as its owner.
Title by adverse possession may be acquired against any person or corporation not excepted by statute. Property held by the federal government, a state, or a Municipal Corporation cannot be taken by adverse possession. As long as the property has a public use, as with a highway or school property, its ownership cannot be lost through adverse possession.
Anyone, including corporations, the federal government, states, and municipal corporations, can be an adverse possessor.
Elements In order that adverse possession ripen into legal title, nonpermissive use by the adverse claimant that is actual, open and notorious, exclusive, hostile, and continuous for the statutory period must be established. All of these elements must coexist if title is to be acquired by adverse possession. The character, location, present state of the land, and the uses to which it is put are evaluated in each case. The adverse claimant has the burden of proving each element by apreponderance of the evidence.
Actual Adverse possession consists of actual occupation of the land with the intent to keep it solely for oneself. Merely claiming the land or paying taxes on it, without actually possessing it, is insufficient. Entry on the land, whether legal or not, is essential. A Trespass may commence adverse possession, but there must be more than temporary use of the property by a trespasser for adverse possession to be established. Physical acts must show that the possessor is exercising the dominion over the land that an average owner of similar property would exercise. Ordinary use of the property—for example, planting and harvesting crops or cutting and selling timber—indicates actual possession. In some states acts that constitute actual possession are found in statute.

All of this seems to be a bit much to me. It is necessary for you to check the law and to check your properties regularly. You need to protect yourself from these sorts of things apparently.

I also read that personal property can also be aquired in the same manner. This makes me angry. I had a situation years ago where my children let their friends over while we were gone. There was damage done and I called the law. The officer stood there in front of my son and told me these people were invited guests and that my only reprecution was to file a civil suit.

All of it makes me want to puke. As a mother I was furious as my son was just told more or less that HIS behavior was ok. Now the law is telling people that theft is ok.All I can say if be diligent and if you see people where they aren't supposed to be call the police everyday if necessary and press charges.

[flippinout]

This is totally disgusting that people would use such a thing to their own benefit. What happened to American Pride? And having a job, and renting or buying your home?

People are just plain greedy these days and the people that are doing this should be set out on the street and prosecuted to the full extent of the law.

Hell, why should some people get away with living in mansions for nothing while the rest of us have to work daily and pay rent or mortgage payments?

[homealone]

Squatters should not have the right to do the things that they do. I don't know why they have all of these rights and those who work hard and live honestly don't. It makes no sense.

You would think that the government would do something to change all of this but then again the government seems to be to busy trying to think of new ways of getting more money into their pockets and bank accounts.

Squatters and the things that they do and can do are not a high priority for anyone, though it should be up there in my opinion. Though there are many things in this country that aren't right and it seems that it is all a tangled mess and no one knows where to start the process of getting it all straightened up.