They are simply people who have occupied land or property without permission and in most instances without knowledge of the property owners. If you or your designated inspectors find uninvited guests in residence, check with the local authorities and an attorney about your rights and take the action required to evict them. You simply lose your property. They can't share the land with anyone else – what's known as "exclusive possession and use.". After an adverse possession case, a squatter can claim color of title if the judgment was in their favor. These individuals “set up shop” without consent and continue to sip metaphorical piña coladas despite being asked to leave, much to the resentment of the property owners. This is not a problem when it comes to evicting tenants (since landlords will know the identity of the tenants), but it becomes a problem when squatters are involved since the property owner will usually not know the names of the squatters. A formal written agreement must be executed with Kendall Law, a Professional Law Corporation first. (Read the post here). You ask locals to check it now and then, but you don't personally follow up or visit. The owner would have no knowledge of their use of the land and would oppose it if known. Remember, their occupation of the property must be continuous for the designated number of years. By subscribing to our mailing list, or otherwise contacting us, you consent and agree to the terms of our Privacy Notice. AB 3088 – COVID-19 Tenant Relief Act of 2020 (Signed By Governor August 31, 2020) Important Changes, The Orange County Register: Eileen Kendall weighs in on leases in the COVID era. Similarly, summary proceedings cannot be used against an occupier whose temporary occupational license (TOL) has expired. california law, california real estate, legal rights of squatters, protect yourself from squatters, real estate attorney, real estate law, real estate litigation, southern california real estate attorney, squatters rights, vacant property, In my last post, we talked about the slippery slope of short-term rentals and how important timeframes and clear rental agreements are to avoid facing the legal challenges under the squatter’s rights. To her dismay, when she got there, she found that the property was occupied. If you are going to have a vacant property, I suggest that you or someone else you trust, visit the property regularly to ensure that someone does not move in without your knowledge or if they do, you find out before the lapse of any time period that would give them rights to the property. They can't be there with the owner's permission in any way. They must take actual exclusive possession of the land and its use. A squatter is someone who moves onto your property and takes up residence without your knowledge or approval. Summary proceedings cannot be used against this tenant and the landlord must go through the usual legal proceess of evicting such a tenant. After receiving the money, the person stopped returning calls and went MIA. Under law, there is therefore a distinction between a person who enters the land illegally, and a person who occupies land legally but thereafter stays on the land illegally. All across the country “squatters” are moving into vacant homes, changing the locks and having the utilities turned on in their name. Can You Factor Depreciation Into Your Business Taxes? Here are some of the most frequently asked questions about the value of keeping squatters out of … If you cannot or do not want to visit the property at least annually, pay someone to go out and take a lot of photos with a GPS camera every year and submit you a written report that nobody was found on the property. Eileen has successfully prevailed on both appeals and trials. Thank you for subscribing. Upon an order being granted, the property owner can then enforce this through a writ of possession. Squatters by definition are persons who occupy someone else’s property without holding a title or a right, or without making payment of rent. In our example, this means that they used and occupied the property every day throughout the seven-year period. Copyright © 2020 Kendall Law, All Rights Reserved. Well, they probably could not locate any information on the current owner – her father was deceased and title may have never transferred to her. However, where a property owner discovers that his apartment has suddenly been occupied by unknown persons, he can avail himself of the summary procedure to evict these squatters. Once that is interrupted, the statutory time period starts all over again. How does one obtain “squatter’s rights” or even ownership in a property by moving in without consent of the owner? A squatter's right to take over a piece of real estate—also called adverse possession—exists in almost every state. About the author: Amirul Izzat Hasri is an associate in the dispute resolution practice group at Donovan & Ho.