Property ownership is fundamental to society and the economy, offering a sense of security and the ability to build wealth. However, in some cases, this ownership can be challenged by individuals who occupy a property without permission — known as squatters. In many situations, squatters can end up with more legal rights to a property than the legitimate owner. 

This can be a shock for homeowners who find themselves in a battle to reclaim their property. So, why do squatters have more rights than homeowners, and what can property owners do to protect their properties? This article explores the issue in detail.

What is a Squatter?

A squatter is an individual who occupies an abandoned, unoccupied, or vacant property without the permission of the legal owner. Squatters can occupy a property for various reasons. Some might do so out of necessity, particularly those experiencing homelessness, while others may simply take advantage of vacant properties in areas with high rates of foreclosures, evictions, or abandoned homes. Squatting may involve the individual setting up residence in a property, using the facilities, and potentially altering or maintaining the property. The legal status of squatters varies from state to state, but in some cases, their occupancy is protected under certain laws, which can make it more difficult for homeowners to evict them.

The practice of squatting is not new — it has existed in various forms for centuries. However, as urban areas have grown and vacant properties have increased, squatting has become more common. A squatter might move into an unoccupied house, apartment, or even an abandoned building, sometimes without any intention of paying rent.

What Rights Do Squatters Have?

Squatters have certain rights that can sometimes complicate the property ownership and eviction process for homeowners. In particular, squatters may gain legal rights through the process of adverse possession. Adverse possession is a legal doctrine that allows a squatter to claim ownership of property after occupying it for a certain number of years, under specific conditions. These conditions typically include:

1. Continuous Occupation: The squatter must live on the property without interruption for a certain period, typically between 5 and 20 years, depending on the state.

2. Open and Notorious Possession: The squatter must occupy the property openly, meaning the owner is aware (or should be aware) that the property is being used without permission.

3. Exclusive Possession: The squatter must have exclusive use of the property. This means they cannot share the property with the legal owner or others.

4. Hostile Claim: The squatter’s occupancy must be without the owner’s permission, and they must treat the property as their own.

5. Continuous and Uninterrupted Use: The squatter must reside on the property without leaving for a prolonged period. If the squatter leaves the property for an extended period, the adverse possession claim may be broken.

If a squatter meets these conditions for the prescribed period, they may be able to claim legal ownership of the property. This can be a confusing and frustrating experience for homeowners, as it means that an individual who has no legal claim to the property can potentially gain ownership through mere occupancy.

Additionally, squatters may have certain rights under local laws meant to protect tenants or homeless individuals, especially in states with strong tenant protection laws. These laws may offer squatters temporary protection from eviction, making it difficult for homeowners to remove them quickly.

What Rights Do Homeowners Have?

Homeowners, as legal owners of a property, have several rights intended to protect their ownership and control of their property. These rights are fundamental and include:

1. Exclusive Right to Possess: The homeowner has the right to control access to the property and can deny others the ability to live there without their permission.

2. Right to Sell or Lease the Property: Homeowners have the legal right to sell, rent, or lease their property as they see fit.

3. Right to Evict: Homeowners can evict unlawful occupants from their property, including squatters. However, the eviction process can be complicated, especially if the squatter claims adverse possession or tenant rights.

4. Right to Modify or Improve the Property: Homeowners are allowed to make changes or improvements to their property. This is a significant advantage, as they can maintain or renovate the property to protect its value.

5. Protection Against Theft or Damage: Homeowners have the right to ensure their property is secure from theft, vandalism, or damage. If squatters damage the property, homeowners are entitled to seek compensation.

Despite these rights, homeowners may encounter significant challenges when dealing with squatters. The process of evicting squatters can be lengthy and costly. If squatters are claiming adverse possession, they may be able to delay the process, sometimes for years, making it even harder for the homeowner to reclaim the property.

Why Do Squatters Have More Rights than Homeowners?

The key reason squatters may have more rights than homeowners is due to the legal framework of adverse possession. While homeowners are typically in a strong legal position to evict squatters, the legal system can sometimes favor squatters if they meet the criteria for adverse possession.

In some cases, squatters are protected by local housing laws, especially if they have been occupying the property for a long period and can demonstrate that they have maintained or improved the property. This often gives squatters a legal foothold that can delay the homeowner’s ability to reclaim possession. Additionally, the process to remove squatters may involve a lengthy court procedure, making it harder for homeowners to quickly regain control.

Squatters’ rights can be seen as a way of protecting individuals who are experiencing homelessness or economic hardship, but the unintended consequence is that it can be frustrating for homeowners who find their properties occupied by people who have no legal claim to the land.

How to Prevent Squatters

The best way to prevent squatters from taking residence in your property is to take proactive steps to secure it. Here are some strategies that can help:

1. Regularly inspect vacant properties: If you own property that is not currently being used, make sure to check on it regularly. This helps identify any potential squatters early on.

2. Install security measures: Use security systems, cameras, and fences to deter unauthorized entry. Lighting and signs can also act as deterrents.

3. Secure windows and doors: Ensure all windows and doors are locked, and consider installing extra locks or barriers to make unauthorized entry more difficult.

4. Hire a property manager: If you’re unable to monitor your property yourself, consider hiring a property management company that can oversee the property and ensure squatters do not take hold.

5. Evict squatters quickly: If squatters are already on your property, begin the eviction process as soon as possible. Consult a legal professional to ensure you follow the correct legal procedures.

Conclusion

In conclusion, squatters’ rights can present a serious challenge to homeowners, as adverse possession laws often grant squatters more legal rights than one might expect. Homeowners should be vigilant and take steps to secure their properties to prevent squatting.

If you are an investor or homeowner dealing with property management issues or curious about real estate investing, consider exploring the resources offered by Dwanderful. Dwan, the owner of Dwanderful, is a real estate investor and podcast host who offers valuable insights and services. You can access her free book, Real Estate Lingo, to familiarize yourself with the jargon of real estate, and for more in-depth knowledge, check out her paid book, Five Pillars of Real Estate Investing. Contact us now!

Frequently Asked Questions:

Why Do Squatters Have Rights in the US?

Squatters have rights due to adverse possession laws, which allow someone to claim ownership of a property after occupying it without the owner’s permission for a certain period, typically several years. These laws are in place to encourage land use and discourage abandonment.

Which State Has the Best Squatter’s Rights?

The best squatter’s rights vary depending on the state, but some states with more lenient adverse possession laws include California, Nevada, and Texas, where the time period for adverse possession may be as short as five years in some cases.

How Long Can You Squat in a House in NY?

In New York, the period required for adverse possession is 10 years, meaning that if a squatter occupies a property for at least 10 years openly, continuously, and without permission, they may be able to claim legal ownership.