Squatters’ rights allow a person to reclaim property by assuming the rights and responsibilities of the owner after living in or using someone else’s property without permission for an extended period of time. Legal conditions must be met, and eviction can be a lengthy process.
Squatters’ rights are the colloquial equivalent of the legal term “adverse possession” and describe a common law method of reclaiming property by assuming the rights and responsibilities of the owner. A squatter is a person who lives in or uses someone else’s property without permission and who has been able to use the property for an extended period of time. For example, a person who has moved into a vacant apartment or abandoned building and has taken up residence, tending to the property and doing any major maintenance for a period of years, could claim squatter rights. In principle, squatters’ rights discourage landlords from neglecting or abandoning their properties.
To successfully claim a squatter’s rights, the squatter must meet a number of legal conditions. Squatters must openly use the property in a manner that can be observed by the owner of the property and the general public, and the squatter may not hold a property for any other party. The beneficial owners must not consent to the occupant’s use of the property, and the occupier must continue to use the property for an extended period of time without interruption, a period which varies from jurisdiction to jurisdiction but is usually at least five years. When all conditions for squatters’ rights have been met, the squatter can initiate legal proceedings to reclaim title to the property.
In many places, squatting is a civil law matter rather than a criminal matter, meaning that the police may very well be powerless to act. Homeowners faced with squatters should resist the temptation to take drastic actions like cutting off utilities or changing locks. Simple acts like setting up a phone line or picking up trash can provide enough evidence for the squatter to claim residency and a tenant’s rights. Landlords who have violated these rights can face hefty fines and civil lawsuits. Removing squatters often requires a formal eviction, which is a lengthy and often costly process.
Adverse tenure claims do not necessarily require the squatter to live on the property in question. For example, gardening that extends to the next property over a period of years could justify claiming squatters’ rights to the used portion of the neighbor’s property. A squatter should not use a vacation home as their primary residence to claim squatter rights, but may be required to demonstrate regular use and maintenance, as well as the absence of the actual owner.
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